Escolar Documentos
Profissional Documentos
Cultura Documentos
For-Sale-By-Owner,
I applaud you in your desire to take on the job of selling your home yourself. Especially
in the current economy. You are in the company of large numbers of people who have
gone before you in the attempt to "SAVE" the money that you would otherwise pay to a
real estate agent to manage your sale. I hope you are successful,
as every dollar is
important
in these difficult times.
Before you commit to selling your home yourself, I would be remiss if I did not share
some information with you. If you are successful in selling your home - and (according
to the most reliable statistics I can find) at least 87% of the people who have gone
before you were not - you
still
may not have been successful in saving the money you
desired.
I know, you may not think that the statistics will apply to
your situation. And who knows, you may be right. After
all, a little more than 7% of all for-sale-by-owner sellers
like yourself DO get their houses sold. And who is to
REALLY say whether a real estate agent could have
actually gotten a price high enough to justify the financial
outlay of commission dollars?
But after 25 years in this business as a Full Time Real
Estate Agent in the Johnson County, KS. marketplace, I
have learned a couple of things.
1.
Market knowledge and pricing strategies
are not
something you learn overnight! Even with adequate information (which most sellers
don't really have enough of) it takes time and experience to learn what all that
information is really saying about the real estate market. One of the biggest reasons I
think for-sale-by-owner sellers fail is that they do not understand the small
fluctuations in the market and therefore they make their pricing and marketing
strategy changes too slowly. If the market values are going down, this can be
disastrous and costly.
2. Real Estate agents have knowledge of the
necessary contracts, forms, and
disclosure requirements
and easy access to contract forms for almost any situation
that can arise in a real estate transaction. After a substantial time in the business, they
are very comfortable with these forms, they know what the "legalese" actually means,
and
they are trained on how to protect their seller clients in
offer and contract
situations. You may say that you have your attorney to take care of that for you, and
you are absolutely right. But you WILL pay more in legal expenses than the average
seller, so make sure you account for that.
3. When a buyer is actually interested in purchasing their home, who is it that is going
to write up the contract? Who is going to qualify the buyer, and
who is going to
evaluate their qualifications for financing
? Real estate agents have learned to be
knowledgeable about the various types of financing and what is actually reasonable in
respect to both the buyer qualifications and the qualifications that your home brings to
bear on the financing process.
4.
Negotiations
are often difficult enough between a seller who wants to get the best
price, and a buyer who wants to pay as little as possible. When you are dealing directly
with that buyer, you have less objectivity. Most sellers have at least some emotional
connection to the home they are selling, and it makes it a little more difficult to know
when the offer you have in front of you is the right one. Experienced real estate agents
are often
skilled negotiators, good objection handlers
, and are able to help you look
at a purchase offer objectively.
5. Experienced real estate agents have more extensive
experience with a good home
marketing plan
. They also have a unique and skilled perspective on different
marketing techniques and advertising venues. They already know for the most part
when and where will be the
most effective and most
cost
-effective venues
for
marketing your home.
6. A real estate agent is invested in the business of getting
homes to sell. In many cases, this is their full time job. They
have taken specialized training, ongoing education, and perhaps
years of on-the-job skills refinement.
Marketing your home
effectively is often a full time job
if you want the job done
right.
7.
Professional real estate agents have more access to a
number of things that make all the difference.
They have
access to Multiple Listing Service information, statistics, properties, other real estate
professionals, mortgage officers, problem-solving techniques, and professionals in real
estate related trades. They also have more access to BUYERS. Many buyers value the
benefits of having a professional real estate agent represent them and protect them in
a real estate transaction. For that reason alone, many will not buy a home directly
from a for-sale-by-owner seller.
In many cases, the buyer who will seriously consider purchasing a home from a
for-sale-by-owner seller will do because
they are trying to buy a house at a lower
price
, and they think they can out negotiate an owner who does not have direct
representation.
The truth of the matter is,
your home in Johnson County home is most likely to sell
at its best price and in a shorter time frame when you use the services of an
experienced local real estate agent
. And this is really the reason I do what I do. I
help people sell their homes, and I love to see a seller obtain the highest price possible
for his or her property. I also take great care to navigate your transaction and helping
to avoid the situations that cause a transaction to fail.
If you are serious about getting your home sold, and
selling it for the highest possible
price
in today's market, please give me call so we can discuss your situation. With
over 25 years helping buyers and sellers,
I have the experience you need to get you
the best possible outcome! Use this packet of information to assist you in selling
your home. If you need guidance, please feel free to contact me at (913) 712-9313.
Sincerely,
Chris Dowell
Dowell Family Team
Keller Williams Realty - Eastland Partners
Feel free to call, text or email me with any questions!
http://FSBO.JohnsonCountyConnect.com
913-712-9313
*
National Association of Realtor statistics
show that For Sale By Owner sales
accounted for 13% of all home sales. The typical FSBO home sold for $153,000
compared to $211,000 for agent-assisted home sales.
The following is a breakdown of our costs associated with a For Sale by Owner.
The standard Seller fees are as follows:
SELLER FEES:
1. Owners title policy - premium is based on the sales price of the home. Presenting the previous
title commitment or title policy, regardless of the issuing agent, will speed the process along.
2. Closing Fee of 260.00
3. The payoff to an existing Lender requires a $12.00 Kansas filing release fee and a $25.00
overnight delivery fee to the existing Lender. Also, the loan number, address, and phone number
of the existing Lender to be paid off must be provided to the closing agent.
The Standard Buyer fees are as follows:
BUYER FEES:
1. Closing fee of $260.00
2. Mortgage title policy of $250.00 flat rate in Kansas unless the loan amount exceeds the sales
price.
3. Filing fees for Warranty Deeds, Mortgage/Deed of Trust, based on the number of pages being
recorded (approximately $100.00).
4. Kansas Mortgage Registration Tax, calculated by multiplying .26% of the loan amount.
5. The balance of the fees associated with the loan process are disclosed to the Buyer from their
Lender.
6. Endorsement Fees of $50.00
Please feel free to contact Laura at the above number with any questions or for more information.
Purchase Price:_____________________
PROPERTY INFORMATION
Address: ______________________________________________________________________
_______________________________________________________________________
Legal Description:_______________________________________________________________
________________________________________________________________
Home Owners Association:
Association Name: ______________________________
Dues: _______________MO/YR
ESTIMATED CHARGES
SELLER:
Closing Fee (including document preparation)
$_____________
Title Insurance:
$_____________
Recording/Release Fees:
$12.00 (for Kansas) PER RELEASE
$_____________
BUYER:
Closing Fee (if we close instead of Lender):
$______________
$______________
Recording/Release Fees:
$______________
$______________
$_______________
SELLER INFORMATION
I/WE HEREBY AUTHORIZE SECURED TITLE OF KANSAS CITY TO REQUEST AND ACCEPT PAYOFF DEMAND
STATEMENTS ON MY/OUR BEHALF FOR THE FOLLOWING MORTGAGE LOAN(S) AND/OR LINE(S) OF CREDIT:
CURRENT MORTGAGE COMPANY: ________________________________________________________________
Loan No._________________________________________________
Phone:___________________
CURRENT MORTGAGE COMPANY:_________________________________________________________________
Loan No. _________________________________________________
Phone: ___________________
CREDIT LINE: Please accept this as my/our authorization to payoff and cancel my/our Home Equity Credit Line with
_______________________________________________. I/We understand that I/we will not be able to make any further
advances against this credit line. Please release any liens you have against the property securing my/our Credit Line.
Account No.:____________________________________
X_________________________________________________
Borrower/Seller
X__________________________________________
Borrower/Seller
Name 1: _____________________________
Name 2: ___________________________
Address: _____________________________
_____________________________________
Address: __________________________
__________________________________
Home Phone:_______________________
Name 2: ___________________________
Address: _____________________________
_____________________________________
Address: __________________________
__________________________________
Home Phone:_______________________
1465 NE Douglas
Lees Summit MO 64086
Phone: 816-525-0050
Fax: 816-525-0120
SELLER: _______________________________________________________________________
PROPERTY: ____________________________________________________________________
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PRICE:
$_______________ $_____________
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0.00
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The above items do not include any lender requirements, insurance prorations, or escrow balances to be paid or received
by SELLER. Interest is paid in arrears and will vary according to the pay-off date. FHA and some lenders may charge
interest through the end of the month in which payment is received by lender. SELLER is responsible for notifying his
lender of his intent to pay-off the loan and assumes responsibility for any lender charges not included in the above items.
46
*Some lending programs do not allow Buyer to pay tax service fees, underwriting fees, etc.
THESE ARE ESTIMATED COSTS ONLY. FINAL FIGURES WILL BE DETERMINED AT CLOSING.
SELLER: _______________________________________________________________________
Date
SELLER: _______________________________________________________________________
Date
By: ____________________________________________________________________________
Licensee
Date
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its
use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that
amendments to this Contract be made. Last revised 09/13. All previous versions of this document may no longer be valid. Copyright
January 2015
PROPERTY: BUYER agrees to purchase and SELLER AGREES TO SELL THE PROPERTY AND THE
IMPROVEMENTS THEREOF (the PROPERTY) commonly known as:
______________________________________________________________________________________
Street Address
City
Zip
County
STATE (check one)
( ) Missouri
( ) Kansas
$____________________
$____________________
$____________________
3. EARNEST MONIES AND ADDITIONAL DEPOSITS: Upon acceptance of this Contract, unless agreed, any
Earnest Money referenced in Paragraph 2 (A) shall be deposited within 5 business days of the Effective Date, in an
insured escrow account maintained by Escrow Agent. Any additional deposits shall be deposited within 5 business
days of receipt by Escrow Agent. Buyer and Seller agree that the Escrow Agent may retain any interest earned on
escrowed funds. If this Contract is cancelled by the parties or if the Earnest Money is to be forfeited or refunded, the
parties agree that the amount to be distributed shall first be reduced by any unpaid charges for credit reports,
appraisals, surveys, termite, mechanical and other inspections, and title investigation fees, if any, incurred by the
Escrow Agent on behalf of the party receiving the funds.
Notwithstanding any other terms of this Contract providing for the forfeiture or refund of Earnest Money, the parties
understand that the Escrow Agent will not distribute the Earnest Money without the written consent of all parties to
this Contract unless permitted to do so by applicable state laws. If BUYER and SELLER are unable to agree in
writing upon the disposition of the Earnest Money or any other funds, Escrow Agent may commence an interpleader
or similar proceeding and BUYER and SELLER authorize Escrow Agent to pay all funds to the Clerk of the Court
for disposition as the Court may direct. BUYER and SELLER agree that Escrow Agent shall be entitled to
reimbursement of it costs incurred in connection with the interpleader or similar proceeding including without
limitation, reasonable attorneys fees and expenses.
BUYER and SELLER agree that, in the absence of a dispute or written consent to distribution, the failure by either
to respond in writing to a certified letter from Escrow Agent within 7 days (if Kansas property) 15 days (if Missouri
property) of receipt thereof or failure to make written demand for return or forfeiture of the Earnest Money with 30
days (if Kansas property) 60 days (if Missouri property) of notice of cancellation of this contract shall constitute
consent to the distribution of the Earnest Moneys suggested in such certified letter.
4. ( ) FINANCING CONDITIONS (check if applicable): This Contract is contingent upon BUYER obtaining
financing pursuant to the attached financing addendum.
5. CLOSING AND POSSESSION: (closing shall be completed on or before) _______________________
(Closing Date). SELLER shall deliver possession of the PROPERTY to BUYER ON
______________________ at ______________ __.M. (Possession Date).
6. ( ) SALE/CLOSING OF BUYERS PROPERTY (check if applicable): BUYER currently owns a house located
at _____________________________________________ (BUYERS house). This Contract is conditional upon the
(check one):
( ) a. SALE OF BUYERS house, which is currently on the market and listed with
_______________________________________ on or before ________________________, The
PROPERTY shall remain on the market for sale. If SELLER accepts another bona fide offer before the sale
and closing of BUYERS property, BUYER shall have _______ (48 hours if left blank) hours from receipt
of written notice from SELLER TO EXERCISE THE OPTION OF CONTINUING THIS Contract and
converting it to a non-contingent (except for uncompleted inspections) cash contract by PAYING
DIRECTLY TO SELLER ADDITIONAL EARNEST MONEY in the amount of $________________ (2%
of the above Purchase Price if blank) and agreeing in writing to remove both the condition respecting the
sale of BUYERS property and all financing conditions of this Contract. At the Closing, the full amount of
the additional Earnest Money deposit shall be applied toward BUYERS payment of the Purchase Price. If
BUYER does not, within the stated time, both remove these conditions in writing and pay SELLER the
additional Earnest Money, this Contract shall be cancelled and the Earnest Money shall be returned to
BUYER.
If the amount of the additional Earnest Money stated above is less then 2% of the Purchase Price, BUYER
agrees not to exercise the option to continue this Contract unless: (1) BUYERS property is then currently
under contract and BUYER has loan approval subject only to the sale of BUYERS property; or (2)
BUYER provides SELLER with evidence of BUYERS financial ability to close on the purchase without
the loan and without funds from the closing of BUYERS property.
( ) b. Sale of the sale of BUYERS house, which is currently under contract, by the Closing Date of this
Contract. If the contract on BUYERS house cancels or otherwise fails to close through no fault of the
BUYER, BUYER shall notify SELLER in writing and SELLER may cancel this Contract and BUYERS
Earnest Money shall be refunded to BUYER.
7. CONDITION OF PROPERTY: This Contract shall not be effective until SELLER completes and BUYER signs
the attached Statement of Condition Addendum for the PROPERTY. SELLER shall maintain the PROPERTY in its
present condition through the date of possession. SELLER shall advise BUYER of any substantial change in the
condition of the PROPERTY prior to closing.
8. INSPECTIONS: BUYER or BUYERS representative, at BUYERS expense, may conduct any or all of the
inspections listed below within the specified time periods (Inspection Periods). SELLER shall afford BUYER
reasonable access to the Property to conduct the inspections, re-inspections or inspection of any repairs completed by
SELLER. BUYER authorizes BUYERS Inspector(s) to provide SELLER with a copy of any written inspection
report obtained by BUYER. BUYER shall be responsible and pay for any damage to the Property resulting from the
inspection(s). SELLER agrees that any repairs, which SELLER performs pursuant to the following provisions, shall
be completed in a workmanlike manner with good quality materials.
A. WOOD/PEST INFESTATION INSPECTION. BUYER may arrange for any inspection by a reputable
licensed pest control firm to determine the presence of termite, other wood destroying insect or other pest
infestation in the accessible areas of the PROPERTY. If the written inspection report reveals evidence of
active infestation, SELLER agrees to pay to have the PROPERTY treated for control of the infestation and
to provide BUYER with a certificate evidencing treatment by a reputable, licensed pest control firm, of
SELLERS choice which certificate BUYER agrees to accept. If there is evidence of damage to the
PROPERTY resulting from infestation, SELLER agrees to complete and/or pay for repairs, provided the
cost does not exceed $____________ (zero if left blank). If the cost of repairs exceeds this amount,
BUYER may cancel this Contract and BUYERS Earnest Money will be refunded. Inspection, treatment,
and repairs, if any, for termite or other wood destroying insects shall be completed no earlier than thirty
(30) calendar days prior to the Closing Date.
B. MECHANICAL, STRUCTURAL, ENVIRONMENTAL OR HEALTH INSPECTIONS. Within ____
calendar days (TEN DAYS IF LEFT BLANK) after the Effective Date of this Contract, BUYER may
conduct inspections of the following: (1) mechanical equipment and systems sold with the PROPERTY
unless otherwise expressly excluded, if any, all appliances, plumbing system (including septic system),
electrical system, heating system, and central air conditioning system; (2) structural aspect of the
PROPERTY, including without limitation the following: foundation slab, roof, fireplace, chimney, siding,
windows or doors, ceiling, floors, the exterior, the interior, any wall, fence, deck, sidewalk or driveway; (3)
environmental or health hazards affecting the PROPERTY, including without limitation, the following:
radon gas, asbestos, lead paint, unre-formaldehyde foam insulation, or any other environmental or health
hazard.
C. REPAIRS. If repairs to mechanical equipment or systems are deemed necessary by a qualified
professional to put such equipment or system in operating condition or if structural defects, environmental
or health hazards are determined to exist and documented by the written report(s) of qualified professionals,
BUYER and SELLER agree to complete and/or pay for repairs or remediation as follows:
(1) BUYER agrees to pay the first $_________________ (zero if left blank) of repairs (NOT
APPLICABLE IF DVA FINANCING)
(2) SELLER agrees to pay the next $________________ (zero if left blank) of repairs
The provisions of this paragraph relating to repairs DO NOT apply to damage resulting from pest
infestation. Such damages are governed by the terms of paragraph 9 (A).
D. NOTICE OF UNACCEPTABLE CONDITIONS. IF BUYERS inspections reveal unacceptable
condition, the repair cost of which exceeds the total amount which BUYER and SELLER agreed to pay in
subparagraph C above, BUYER may, before expiration of the Inspection Period, deliver a written notice
to SELLER electing either of the following options:
(1) Cancellation of this CONTRACT, in which case the BUYERS Earnest Money will be
refunded, or
(2) Requesting correction of the unacceptable conditions, in which case the BUYER shall itemize
the unacceptable conditions and be accompanied by the written documentation of qualified
professionals.
E. RESOLUTION OF UNACCEPTABLE CONDITIONS. At any time after BUYERS delivery of notice
requesting repair of unacceptable conditions as provided in the preceding paragraph, BUYER or SELLER
may make demand on the other party to sign a written agreement for resolution of the unacceptable
condition, the repair cost of which exceeds the amount which BUYER and SELLER agreed to pay above,
within five (5) days (the Demand Period) of receipt of such demand. If BUYER and SELLER cannot
reach a written agreement for correction of the unacceptable conditions, the repair cost of which exceeds the
total amount which BUYER and SELLER agreed to in subparagraph C above, within the Demand Period,
this Contract shall terminate and the Earnest Money shall be refunded to the BUYER. A written
commitment signed by the SELLER agreeing to correct the unacceptable conditions as requested by
BUYER at SELLERS expense prior to closing, or a written commitment, signed by the BUYER agreeing
to accept the PROPERTY without correction of the unacceptable conditions shall constitute an agreement
for the purposes of this paragraph.
F. FAILURE TO INSPECT. If BUYER, fails to conduct an inspection or fails to deliver a written notice
to SELLER prior to the expiration of the Inspection Period, either canceling this Contract or requesting
correction of unacceptable conditions, BUYER shall have waived any right to cancel or right to repairs due
to unacceptable conditions which might reasonably have been discovered by an inspection.
G. EXCLUSION FROM INSPECTION. The following items are expressly excluded from the foregoing
inspection provisions and shall not be considered unacceptable conditions and may not be used by the
BUYER as a basis for canceling a contract or requesting repairs ______________
______________________________________________________________________________
9. UTILITIES/MAINTENANCE/CASUALTY LOSS: SELLER AGREES TO LEAVE ALL UTILITIES ON
UNTIL THE DATE OF POSSESSION UNLESS OTHERWISE AGREED. SELLER agrees to perform ordinary
and necessary maintenance, up keep and repair to the Property and to keep the improvements on the Property fully
insured until delivery of SELLERS deed to BUYER. If before delivery of the deed to BUYER improvements on the
Property are damage or destroyed by fire or other causes including those that could be covered by what is known as
fire and extended coverage insurance, the parties agree that the risk of that damage or destruction shall be borne as
the follows: If the damage is minor SELLER may repair or replace the Property, if the work can be completed before
the Closing Date. If SELLER elects not to repair or replace the Property, or if the damage is substantial, SELLER
shall notify BUYER in writing and BUYER may enforce or cancel this Contract by written notice to SELLER within
10 days after receiving notice of the damage or destruction of the Property. If BUYER elects to enforce this
Contract, the Purchase Price shall not be reduced and the Property shall be conveyed in its existing condition at the
time, provided SELLER shall credit BUYER the insurance deductible and assign SELLERS fire and extended
coverage proceeds to BUYER at closing. If BUYER elects to cancel this Contract, any Earnest Money shall be
returned to BUYER.
10. ( ) BUYERS WARRANTY PLAN. (check if applicable) ( ) SELLER or ( ) BUYER, at a cost not to
exceed $______________, agrees to purchase a homebuyers warranty plan from __________________
_________________________________ to be paid at closing. This plan is a limited service contract covering repair
or replacement of the working components of the Property for 1 year from the Closing Date subject to a per claim
deductible $___________________.
11. EVIDENCE OF TITLE. Within a reasonable time after the Effective Date, but no later then 14 days prior to the
Closing Date. SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to
insure title in the state where the Property is located. Unless there is a defect in title to the Property that is not
corrected prior to the Closing Date, BUYER may not be object to untimely delivery of the title commitment. The
title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed
or other document of conveyance. However, title to the Property shall be subject to the conditions in this Contract
and to customary covenants, declarations, restrictions, zoning laws, easement, party wall agreement, special
assessments, and community contracts of record as of the effective date of the title commitment (Permitted
Exceptions): BUYER shall have 10 days after receipt of the title commitment to notify SELLER in writing of any
valid objections to title to the Property. SELLER shall then make a good faith effort to remedy the defects in title. If
SELLER does not so remedy the title defects before the Closing Date and BUYER does not elect to waive the
objections or extend the Closing Date a reasonable time, not to exceed 60 days, this Contract shall be cancelled and
the Earnest Money shall be returned to BUYER. SELLER agrees to provide and pay for an owners title insurance
policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the permitted
Exceptions and with the exception of any liens, encumbrances or other matters affecting title to the Property created
by BUYER or arising by virtue of BUYERS activities or ownership. The policy shall also insure BUYER as of the
date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor
or material imposed by law and not shown by the public records. SELLER agrees to comply with the requirements of
the Title Company for issuance. UNLESS OTHERWISE PROVIDED IN THIS CONTRACT, THE OWNERS
TITLE POLICY WILL INCLUDE MECHANICS LIEN COVERAGE.
12. SURVEY: BUYER may, BUYERS expense, obtain a survey of the Property before the Closing Date to assure
that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matter, that
would be disclosed by a survey. Not later then ten (10) days prior to the Closing Date, BUYER shall notify SELLER
of any encroachments of any improvements upon, from or onto the PROPERTY or any building setback line,
property line, or easement, which encroachment shall be deemed to be a title defect. SELLER shall remedy such
defects as are susceptible of being remedied prior to the Closing Date. If SELLER does not so remedy the defects in
title, BUYER shall have the option of (A) completing this purchase and accepting the title SELLER is able to convey
without remediation in the Purchase Price, or (B) canceling this Contract, in which case the Earnest Money shall be
returned to BUYER. BUYER acknowledges that the mortgage inspection report normally required by a lending
institution is NOT what is commonly referred to as a stake survey.
13. DELIVERY OF DEED: On or before the Closing Date, SELLER shall execute and delivery a warranty deed
and all other documents and funds reasonably necessary to complete the closing. The warranty deed shall convey to
BUYER a marketable fee simple title to the PROPERTY free and clear of all liens and encumbrances except as
provided in this Contract. ON OR BEFORE THE CLOSING DATE, SELLER AND BUYER AGREE TO
DELIVER TO THE CLOSING AGENT A CASHIERS CHECK OR OTHER CERTIFIED FUNDS SUFFICIENT
TO SATISFY THEIR RESPECTIVE OBLIGATIONSUNDER THIS CONTRACT. SELLER ACKNOWLEDGES
THAT DISBURSEMENT OF PROCEEDS MAY NOT BE MADE UNTIL AFTER THE WARRANTY DEED OR
INSTRUMENT OF CONVEYANCE AND, IF APPLICABE, MORTGAGE OR DEED OF TRUST HAS BEEN
RECORDED.
14. DEFAULTS AND REMEDIES: SELLER or BUYERS shall be in default UNDER THIS Contract, if either
fails to comply with any material covenant, agreement, or obligation with the time limits required by this Contract.
Following default by either SELLER or BUYER, the parties may purse any remedies or damages available to them
at law or in equity . TIME IS OF THE ESSENCE OF THIS CONTRACT.
15. PRORATIONS: The parties agree that all of the following which become due and accrue during the calendar
year in which SELLERS warranty deed is delivered shall be prorated between the parties as of the Closing Date
and, for all years thereafter, all of the following, to the extent permitted by applicable law, shall be assumed and paid
by the BUYER: Interest on existing loans to be assumed by BUYER, all general/state/county/school and municipal
real estate taxes, homes association dues and fees, special assessments and any other contractual obligations of
SELLER to be assumed by BUYER. If the amount of any lien to be prorated for the current year cannot be
ascertained from the public record, the amount of the item for the preceding year will be used for the current years
amount. However, if the preceding years taxes were based were on a less improved property, taxes will be computed
and prorated based on the preceding years mill levy at the current assessed value, if ascertainable. The parties agree
that if the PROPERTY has been reappraised or reclassified within the preceding year and the actual taxes based on
the new value are not available, they agree to a reasonable estimation of the current years taxes based on the
information available on the Closing Date.
16. PARTIES: This is a Contract between SELLER and BUYER. If SELLER or BUYER constitutes tow or more
person, the terms SELLER or BUYER shall be read SELLERS or BUYERS whenever the sense of the
Contract requires. UNLESS IDENTIFIED AS SELLER OR BUYER, ANY ESCROW OR CLOSING AGENT ARE
ACTING AS AGENTS ONLY AND ARE NOT PARTIES TO THIS CONTRACT.
17. ENTIRE AGREEMENT AND MANNER OF MODIFICATIONS. This contract and all attachments hereto,
including, if applicable, Financing Addendum, Counter-Offer Addendum, Legal Description/Franchise Disclosure
Addendum, Statement of Condition Addendum and Amendments constitute the complete agreement of the parties
concerning this PROPERTY, supersede all previous agreements, and may be modified only by a written agreement
signed by all parties.
18. NOTICES: Any Notice or other communication required or permitted hereunder may be delivered in person or
sent by e-mail, fax, or by registered or certified mail, postage prepaid, to the address set forth in this Contract or such
other address or number as shall be furnished in writing by any such party. Such notice or communication shall be
deemed to have been given as of the date and time so delivered in person, or received by fax, email, or mailed.
19. ADDITIONAL TERMS AND CONDITIONS: ____________________________________________
____________________________________________________________________________________________
________________________________________________________________________________
20. EXPIRATION: This offer shall expire on the ____ day of ___________________, 20___ at
______ __.M. unless accepted by SELLER or withdrawn by BUYER before that time.
WHEN SIGNED BY ALL PARTIES, THIS IS A LEGALLY BINDING CONTRACT. IF NOT
UNDERSTOOD CONSULT AN ATTORNEY BEFORE SIGNING.
________________________________________
Buyer
Date
________________________________________
Seller
Date
________________________________________
Buyer
Date
________________________________________
Seller
Date
1.
2.
3.
____________________________________
BUYER
DATE
___________________________________
BUYER
DATE
THIS CONTRACT is made between: (PRINT NAMES AND INDICATE MARITAL STATUS; IF NOT
COMPLETED, SELLER'S NAMES TO BE INSERTED BY LICENSEE ASSISTING SELLER PRIOR TO
PRESENTATION TO SELLER)
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BUYER: _____________________________________________________________________________
SELLER: ____________________________________________________________________________
Bank-Owned Property (check if applicable): If the real property is bank-owned and the titled owner
of record is not known at the Effective Date of this Contract, BUYER and SELLER agree the name of the
SELLER is amended to as it is stated in the Deed at Closing and is incorporated herein by reference and in
any amendments and addenda. SELLER warrants it has full authority to sign and perform on this Contract
on behalf of the titled owner of record.
CONTRACT, ADDENDA, INCLUSIONS AND PROCESSES
1. PROPERTY. BUYER agrees to purchase and SELLER agrees to sell the real property and the
improvements thereon (the "Property") commonly known as:
__________________________________________________ ______________________________
Street Address
City
Zip
County
STATE: (Check one)
Missouri
Kansas
This Contract, including the Fixtures, Equipment and Appliances paragraph of the Sellers Disclosure
and Condition of Property Addendum (Sellers Disclosure), not the MLS, or other promotional material,
provides for what is included in the sale of the Property.
Items listed in the Additional Inclusions or Exclusions below supersede the Sellers Disclosure and
the pre-printed list below. If there are no Additional Inclusions or Exclusions listed, the Sellers
Disclosure and the pre-printed list below govern what is or is not included in the sale.
IF THERE ARE DIFFERENCES BETWEEN THE SELLERS DISCLOSURE AND THE PRE-PRINTED
LIST BELOW, THE SELLERS DISCLOSURE GOVERNS. Unless modified by the Sellers
Disclosure and/or the Additional Inclusions and/or the Exclusions, all existing
improvements on the Property (if any) and appurtenances, fixtures and equipment (which
SELLER agrees to own free and clear) whether buried, nailed, bolted, screwed, glued or
otherwise permanently attached to the Property are expected to remain with Property, including,
but not limited to:
Bathroom mirrors
Fences
Fireplace grates, screens and/or
glass doors (if attached)
Floor coverings (if attached)
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SELLER
BUYER, at a cost not to exceed $
, agrees to purchase a home
warranty plan from
____ (vendor) to be paid at
Closing. A home warranty plan is a limited service Contract covering repair or replacement of
the working components of the Property for one (1) year from the Closing Date subject to the
terms and conditions of the individual plan with a per claim deductible of $ ___________.
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a. Effective Date. The Effective Date will be the date of final acceptance by the last party to sign
this Contract or a Counter Offer Addendum, the Brokerage Relationship Disclosure
Paragraph of this Contract; the Sellers Disclosure and Condition of Property Addendum
and, if applicable, a Lead Based Paint Disclosure Addendum for the Property.
b. Sellers Disclosure Status. SELLER confirms information contained in the Sellers Disclosure and
Condition of Property Addendum is current as of the Effective Date of the Contract. SELLER
understands that the law requires disclosure of any material defects, known to SELLER, in the
Property to prospective Buyer(s) and that failure to do so may result in civil liability for damages.
c. Entire Agreement and Manner of Modifications. This Contract and all attachments constitute the
complete agreement of the parties concerning the Property; supersede all previous agreements,
and may be modified or assigned only by a written agreement signed by all parties.
d. Parties. This is a Contract between SELLER and BUYER. If SELLER or BUYER constitutes two or
more persons, the terms "SELLER" or "BUYER" will be construed to read "SELLERS" or "BUYERS"
whenever the sense of the Contract requires.
Unless identified as SELLER or BUYER, Listing Broker and any Cooperating Broker and their
Agents (collectively referred to as "Broker") and any Escrow or Closing Agent are acting as Agents
only and are not parties to this Contract.
SELLER and BUYER acknowledge Broker may have a financial interest in third parties providing
specialized services required by this Contract including, but not limited to: Lender, title insurance
company, Escrow Agent, Closing Agent, warranty company, wood infestation/mechanical/structural
or other inspectors and repair personnel. SELLER and BUYER agree Broker will not be responsible
for the conduct of third parties providing specialized services whether those services were arranged
by SELLER, BUYER, or Broker on behalf of either.
e. Notices. Any notice or other communication required or permitted hereunder may be delivered in
person, by facsimile, United States Postal Service, courier service or email to the address set forth
in this Contract or such other address or number as will be furnished in writing by any such party.
Such notice or communication will be deemed to have been given as of the date and time so
delivered. Delivery to or receipt by the Licensee assisting BUYER will constitute receipt by BUYER
and delivery to or receipt by the Licensee assisting SELLER will constitute receipt by SELLER.
f.
Time is of the essence. Time is of the essence in the performance of the obligations of the parties
under this Contract. With the exception of the term banking days, as used herein, a day is
defined as a 24-hour calendar day, seven (7) days per week.
g. Electronic Transaction. All parties agree this transaction may be conducted by electronic means,
including email, according to the Uniform Electronic Transaction Act as adopted in Kansas and
Missouri.
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$ _________________
$________________(b)
$________________(c)
$________________(d)
$________________(e)
0.00
$________________
$________________
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If the final appraised value of the Property, as determined by BUYERS Lenders appraiser or if a
cash sale, BUYERS appraiser, is not equal to or greater than the Purchase Price, BUYER will
notify SELLER in writing, within ______ calendar days (five (5) days if left blank), attaching a
copy of the appraisal report, and the following may occur:
BUYER and SELLER will have _____ calendar days (five (5) days if left blank) after SELLERS
receipt of BUYERS appraisal report ("Appraisal Negotiation Period"), to reach an agreement
resolving the appraisal value and/or purchase price.
During this period, SELLER or BUYER may seek a reconsideration of value by the appraiser. If
such reconsideration finds a value equal to or greater than the Purchase Price, or if BUYER and
SELLER sign an Amendment resolving the difference between the appraised value and the
Purchase Price, the transaction will move forward to Closing.
If no resolution is reached prior to the expiration of the Appraisal Negotiation Period, then
after the expiration of the Appraisal Negotiation period, either party may cancel this contract
by written notice to the other and BUYERS Earnest Money will be subject to the provisions
of the Earnest Money and Additional Deposits paragraph of the Contract.
7. SALE CONTINGENCY. In the event the sale is contingent upon the sale and/or Closing of BUYERS
Property, the Contingency For Sale and/or Closing Of Buyers Property Addendum must be
attached.
8. FINANCIAL TERMS.
THIS IS A CASH SALE. BUYER must provide written verification of source of funds within ____
calendar days (five (5) days if left blank), after the Effective Date, which are sufficient to complete the
Closing on this Contract.
THIS IS A FINANCED SALE. This Contract is contingent upon BUYER obtaining the financing
described in this paragraph.
BUYER may obtain Loan(s) different from those described herein provided that the terms of the Loan(s)
do not result in additional costs to SELLER, delay the Closing date, or change the Loan approval time
frame. These changes must be agreed in writing, by both parties, within five (5) calendar days of
BUYERS knowledge and no later than ____ calendar days before Closing Date (fifteen (15) days if left
blank).
BUYER and SELLER are hereby informed any changes to the terms below after the Effective Date of
the Contract have the potential to delay Closing and/or change costs due to federal regulations.
a. Type of Financing. Loan(s) will be
owner-occupied Loan(s) or
investment Loan(s).
b. Loan Types/Terms. BUYER will obtain a Loan(s) upon the following terms.
Type:
Conventional
FHA
VA
USDA
Other_________________
Primary Loan
Secondary Loan
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Interest Rate:
Fixed Rate
Adjustable Rate
Interest Only
Other___________________
Amortization Period
Principal Amount or LTV
_________years
____________
_________years
____________
All Loan amounts will include financed mortgage insurance premiums or VA funding fee, if any,
according to the provisions described herein (the Loan). The Loan(s) will be secured by a
mortgage/deed of trust on the Property or as otherwise required by Lender(s), and repayable in
monthly installments.
c. The Loan(s) will bear interest as follows:
1. Primary Loan
2. Secondary Loan
BUYER has the option to lock in the foregoing interest rate or to float the interest rate.
If BUYER locks in a rate, BUYER agrees to accept the locked rate and terms even if different than
those stated above. If BUYER floats the rate, BUYER agrees to accept the rate and terms available
from BUYERS Lender(s) for which BUYER qualifies at Closing.
d. Loan Application(s).
BUYER IS PRE-APPROVED (See attached Lender(s) letter(s).) BUYER has submitted
information to _______________________
/ ____________________ (Lender(s)) who has
checked BUYERS credit and indicated BUYER can qualify for a Loan(s) in an amount equal to or
greater than the Loan(s) contemplated in this Contract, subject to satisfactory appraisal of the
Property and any other conditions set forth in the attached Lender(s) letter(s). The pre-approval
must indicate the BUYERS credit is acceptable to Lender(s) and indicate whether or not the preapproval is subject to the sale and Closing of the BUYERS current property.
BUYER IS NOT PRE-APPROVED. Within ___________ calendar days (five (5) days if left
blank) after the Effective Date of this Contract, BUYER will complete a written application.
BUYER agrees to authorize Lender(s) to perform all required services (credit report, appraisal, etc.),
pay the fees required by Lender(s), and provide Lender(s) with all information requested within
_______ calendar days (fifteen (15) days if left blank) after Effective Date.
SELLER is aware that pre-approval is not a guarantee that BUYER will receive Lender(s)
Loan approval(s).
e. Loan Approval(s). BUYER agrees to make a good faith effort to obtain a commitment for the
Loan(s) within __________ calendar days (forty-five (45) days if left blank) from the Effective Date
of this Contract (the Loan Approval Period) or within ________ calendar days (five (5) days if left
blank) prior to the Closing Date, whichever is earlier.
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If BUYER is unable to obtain a commitment for the Loan(s) within the Loan Approval Period,
SELLER may cancel this Contract by written notice.
Upon written evidence of rejection provided by BUYERS Lender(s), BUYER or SELLER may
cancel this Contract by written notice.
In either case, BUYERS Earnest Money will be subject to the provisions of the Earnest Money and
Additional Deposits paragraph of the Contract.
f.
Lender Appraisal Requirements. In addition to any other costs or sums to be paid by SELLER
pursuant to this Contract, SELLER agrees to pay an amount not to exceed $____________ (zero
(0) if left blank) for requirements contained in the Lenders appraisal and a copy of Lenders
appraisal requirements will be provided to SELLER. If any repairs are required, they will be
performed in a workmanlike manner with good-quality materials.
If appraisal and/or Lender(s) requirements exceed the amount in this blank and if SELLER and
BUYER have not agreed in writing to a resolution of the excess appraisal and/or Lender(s)
requirements prior to the Closing Date, or within the time period (no less than five (5) calendar days)
specified in a written demand by either party, this Contract will be cancelled and disposition of
BUYERS Earnest Money will be subject to the provisions of the Earnest Money and Additional
Deposits paragraph of the Contract.
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a. If the damage is minor, SELLER may repair or replace the damage done to the Property if the work
can be completed before the Closing Date.
If the SELLER elects to repair or replace the damage done to the Property, but repair/replacement
cannot be completed prior to the Closing, with written agreement between the parties one of the
following options will be chosen:
1. SELLER will pay for repair/replacement after Closing; or
2. The parties will extend the Closing Date to such time as repairs/replacement can be completed;
or
3. With consent of BUYERS Lender(s), 1.5 times the estimated cost of repair/replacement will be
escrowed until repair/replacement is complete with any funds remaining after payment for
repairs/replacement being remitted to the party that funded the escrow.
b. If SELLER elects not to repair or replace the damage done to the Property, or if the damage is not
minor, the BUYER may enforce or cancel this Contract by written notice to SELLER within ten (10)
calendar days after receiving notice of such damage to the Property.
1. If BUYER elects to enforce this Contract, the Purchase Price will not be reduced and the
Property will be conveyed in its existing condition at the time, provided SELLER must furnish
BUYER with a copy of the insurance damage assessment and be responsible for paying the
insurance deductible and assign SELLERS fire and extended coverage proceeds to BUYER at
Closing.
2. If BUYER and SELLER mutually agree upon the cost of repairs, then SELLER may pay the cost
of those repairs.
12. SURVEY. BUYER may, at BUYERS expense, obtain a "Staked Survey of the Property no later than
_____ calendar days (ten (10) days if left blank) prior to the Closing Date to assure there are no
defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters that would
be disclosed by a survey.
BUYER acknowledges a Mortgage Inspection Report or "Loan Survey" normally required by a lending
institution is not a "Staked Survey. A title insurance company typically requires a "Staked Survey in
order to provide survey coverage to the BUYER.
Within five (5) calendar days of BUYERS receipt of Survey, BUYER must notify SELLER of any
encroachments of any improvements upon, from, or onto the Property or any building setback line,
property line, or easement, which encroachment will be deemed to be a title defect. SELLER must
remedy such defects as are susceptible of being remedied prior to the Closing Date. If SELLER does
not remedy the defects in title, BUYER will have one of the following options:
a. Completing this purchase and accepting the title that SELLER is able to convey without adjustment
in the Purchase Price; or
b. Cancelling this Contract by written notice. BUYERS Earnest Money will be subject to the provisions
of the Earnest Money and Additional Deposits paragraph of the Contract.
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13. INSPECTIONS. BUYER may, within _____ calendar days (ten (10) days if left blank) (the "Inspection
Period") after the Effective Date of this Contract, at BUYERS expense, have property inspections by an
independent, qualified inspector(s) which may include, but are not limited to:
appliances, plumbing (including septic system), electrical, heating system, central air conditioning,
fireplace, chimney, foundation, roof, siding, windows, doors, ceilings, floors, insulation, drainage, interior
and exterior components, any wall, decks, driveways, patios, sidewalks, fences, slabs, pest infestation,
health and/or environmental concerns (including lead based paint, mold, asbestos and radon) as
provided below and in the Additional Disclosures Including Those Mandated by State or Federal Law
paragraph.
a. Property Insurability.
Property is insurable.
b. Factors Affecting Inspections. BUYER acknowledges such inspections may not identify
deficiencies in inaccessible areas of the Property and may be limited by weather conditions at the
time of the inspection. It is recommended BUYER check with Lender(s) and/or local government
authority regarding septic inspection.
c. Access to Property and Re-Inspections. SELLER must provide BUYER reasonable access to the
Property to conduct the inspections, re-inspections, inspection of any corrective measures
completed by SELLER and/or final walk through prior to the Closing Date.
d. Damages and Repairs. BUYER will be responsible and pay for any damage to the Property
resulting from the inspection(s).
e. Quality of Repairs. SELLER agrees any corrective measures which SELLER performs pursuant to
the following provisions will be completed in a workmanlike manner with good-quality materials.
f.
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What If Buyer Does Not Give Timely Notice Of Unacceptable Conditions? If BUYER conducts
inspections but fails to notify SELLER of Unacceptable Conditions prior to the expiration of the
Inspection Period, BUYER will have waived any right to cancel or renegotiate this Contract pursuant
to these inspection provisions.
j.
What Is Not An Unacceptable Condition? The following items will not be considered
Unacceptable Conditions and cannot be used by BUYER as a reason to cancel or renegotiate this
Contract. Any items marked Excluded (EX) on Sellers Disclosure and Condition of Property
Addendum in addition to the following items will not be considered.__________________________
_______________________________________________________________________________
_______________________________________________________________________________
BUYERS notice of cancellation or offer to renegotiate terminates the Inspection Period and
must be accompanied by the applicable written inspection report(s) in their entirety from the
independent, qualified inspector(s) who conducted the inspection(s).
m. Resolution of Unacceptable Conditions. BUYER and SELLER will have _____ calendar days
(five (5) days if left blank) after SELLERS receipt of BUYERS Inspection Notice/Resolution
of Unacceptable Conditions (the "Renegotiation Period"), to reach an agreement resolving
the Unacceptable Conditions.
Any of the following executed and delivered to the other party or other party's Agent prior to the
expiration of the Renegotiation Period will constitute such an agreement:
1. SELLERS signature agreeing to do everything requested by BUYER on Resolution of
Unacceptable Conditions Amendment attached to Inspection Notice; or
2. An Amendment signed by BUYER and SELLER resolving the Unacceptable Conditions; or
3. BUYERS signature on the Resolution of Unacceptable Conditions accepting the Property in its
present condition.
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Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the
second leading cause overall. Kansas law requires SELLER to disclose any information known to
SELLER that shows elevated concentrations of radon gas in residential real property.
The Kansas Department of Health and Environment recommends all homebuyers have an indoor
radon test performed prior to purchasing or taking occupancy of residential real property. All
testing for radon should be conducted by a radon measurement technician. Elevated radon
concentrations can be easily reduced by a radon mitigation technician.
For additional information, please go to http://www.kansasradonprogram.org or in Missouri a
national source for radon information is http://www.epa.gov/radon.
b. Microbials and Other Environmental Pollutants. BUYER acknowledges mold, fungi, bacteria and
other microbials commonly exist in homes and will exist in the Property as a result of rain, humidity
and other moisture in the Property and on materials during the normal construction process and as
a result of the use of wood and other materials that commonly have mold, fungi, bacteria and other
microbials at the time of delivery to the job site. BUYER has the opportunity to become informed
about microbials and other environmental pollutants, and the potential health risks of microbials and
other environmental pollutants.
1. The SELLER and Licensee assisting the SELLER and/or the BUYER do not claim or possess
any special expertise in the measurement or reduction of radon, microbials or other
environmental pollutants, nor have they provided any advice to BUYER as to acceptable levels
or possible health hazards of radon, microbials or other environmental pollutants.
2. There can be no assurance that any existing systems, devices or methods incorporated into the
Property for the purpose of reducing radon, microbials or other environmental pollutant levels
will be effective and SELLER has no responsibility for the operation, maintenance or
effectiveness of such systems, devices and methods.
16. LEAD BASED PAINT DISCLOSURE. If the property was built prior to 1978, BUYER acknowledges
receiving, reading and signing the Federally required disclosure regarding lead based paint.
17. CRIMINAL OFFENDERS. In Missouri and Kansas, law requires persons who are convicted of certain
crimes, including certain sexually violent crimes, to register with the Sheriff of the county in which they
reside. If you, as the BUYER, desire information regarding those registrants, you may find information
on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by
contacting the local Sheriffs office in Kansas. In Missouri, you may find information on the homepage
of the Missouri State Highway Patrol at http://www.mshp.dps.missouri.gov/ or BUYER should contact
the Sheriff of the county in which the Property is located.
18. FRANCHISE DISCLOSURE. Although one or more of the Brokers may be a member of a franchise,
the franchisor is not responsible for the acts of said Broker(s).
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SELLERS Agent
Designated SELLERS Agent (In Kansas,
Supervising Broker acts as a Transaction Broker)
Transaction Broker and SELLER agrees, if applicable,
to sign a Transaction Broker Addendum. SELLER is not
being represented.
Disclosed Dual Agent and SELLER agrees to sign a
Disclosed Dual Agency Amendment. (Missouri only)
BUYERS Agent
Designated BUYERS Agent (In Kansas,
Supervising Broker acts as Transaction Broker)
Subagent
SELLER is not being represented.
BUYERS Agent
Designated BUYERS Agent (In Kansas,
Supervising Broker acts as a Transaction Broker)
Transaction Broker and BUYER agrees, if applicable,
to sign a Transaction Broker Addendum. BUYER is not
being represented.
Disclosed Dual Agent and BUYER agrees to sign a
Disclosed Dual Agency Amendment. (Missouri only)
SELLERS Agent
Designated SELLERS Agent (In Kansas,
Supervising Broker acts as a Transaction Broker)
Subagent
BUYER is not being represented.
SOURCE OF COMPENSATION. Brokerage fees, to include but not limited to broker commissions and
other fees, will be paid out of escrow at Closing as follows, unless otherwise described in the terms of the
respective agency agreements or other SELLER/BUYER agreements. SELLER and BUYER
understand and agree Brokers may be compensated by more than one party in the transaction.
(Check all applicable boxes)
Brokers are compensated by:
SELLER and/or
BUYER
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a. Any of the preceding items which become due and accrue during the calendar year in which
SELLER'S warranty deed is delivered (including rents, if applicable) will be prorated between the
parties as of the Closing Date and, for all years thereafter, to the extent permitted by applicable law,
will be assumed and paid by the BUYER. BUYER acknowledges that the Property may be subject
to a special assessment, fee, or located in an improvement district. BUYER acknowledges this
disclosure is required by Kansas law, and may be found in the Sellers Disclosure and Condition of
Property Addendum or a separate document, if applicable.
b. If the actual amount of any item, other than taxes for the current year, cannot be ascertained from
the public record, the amount of the item for the preceding year will be used for the current years
amount. If the actual amount of taxes for the current calendar year cannot be determined, it will be
estimated by using the current years appraised value, if available from the county taxing authority,
and last years mill levy. If appraised value is not available, the Contract Purchase Price will be used
with last years mill levy. BUYER and SELLER agree to accept such prorations as final and release
each other, Broker(s), Agent(s), and Closing Agent(s) from any liability for any increase or decrease
in actual taxes due.
In Missouri, reassessment takes place in odd-numbered years. Missouri transactions closing in
odd-numbered years are subject to the process in the preceding paragraph. Missouri transactions
closing in even-numbered years will be prorated based upon the preceding years tax amount.
22. EVIDENCE OF TITLE. SELLER agrees to provide and pay for an owners title insurance policy in the
amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted
Exceptions and with the exception of any liens, encumbrances or other matters affecting title to the
Property created by BUYER or arising by virtue of BUYERs activities or ownership.
Within a reasonable time after the Effective Date, but prior to the Closing Date (the Commitment
Delivery Date), SELLER agrees, at SELLERs expense, to deliver to BUYER a title insurance
commitment from a company authorized to insure titles in the state where the Property is located,
setting forth its requirements to issue an owners title policy and mortgage policy, if applicable.
Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER
may not object to untimely delivery of the title commitment. The title commitment will commit to insure
marketable fee simple title in the BUYER upon the recording of the deed or other document of
conveyance. Title to the Property will be subject to the conditions in this Contract and to customary
covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special
assessments, and community contracts of record as of the date of recording the deed or other
document of conveyance (the Permitted Exceptions).
BUYER will have a reasonable time after receipt of the title commitment (the Objection Period) to
notify SELLER in writing of any valid objections to title to the Property. SELLER will then make a
good faith effort to remedy the defects in title. If SELLER is not able to remedy the title defects before
the Closing Date, BUYER may elect to waive the objections, extend the Closing Date a reasonable
time for the SELLER to remedy the defects, or cancel this Contract by written notice.
If the time between the Effective Date and the Closing Date is short, both the Commitment Delivery
Date and the Objection Period will be as soon as reasonably possible, but no later than the Closing
Date.
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Mechanics Lien Coverage. The owners title policy will also insure BUYER as of the date of
recording of the deed or other document of conveyance, against any lien, or right to a lien for
services, labor or material imposed by law and not shown by the public records. SELLER agrees to
comply with the requirements of the title company for issuance of this coverage. Any mechanic's lien
or notice of intent filed during construction and prior to closing will not be deemed a defect in title
unless the title insurance company will not insure against loss therefrom.
If the Property (Missouri only) has not been occupied by SELLER and has had recent
construction work performed, the SELLER may be required to post and record a notice of
intended sale, as stated in Chapter 429 of the Missouri Revised Statutes, in order for BUYER to
obtain Mechanic's Lien Coverage. All parties are advised to consult with the title company
regarding these requirements.
23. EXPIRATION. This offer will expire on ____________________________, at ______ o'clock ___.m.
(5:00 p.m. if left blank) unless accepted or withdrawn before expiration.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
SELLER hereby authorizes Closing Agent to obtain payoff information from SELLERS Lender(s).
_________________________________________ __________________________________________
SELLER
DATE BUYER
DATE
_________________________________________ __________________________________________
SELLER
DATE BUYER
DATE
_________________________________________ __________________________________________
ADDRESS
ADDRESS
________________________________________ __________________________________________
BROKERAGE
BROKERAGE
_________________________________________ __________________________________________
Name of Licensee assisting Seller
(Please Print) Name of Licensee assisting Buyer
(Please Print)
________________________/______________
Listing Licensees Phone #
Fax #
________________________/_________________
Selling Licensees Phone #
Fax #
________________________________________ __________________________________________
Listing Licensees Email Address
Selling Licensees Email Address
DATE OF FINAL ACCEPTANCE, THE "EFFECTIVE DATE" IS _________________________________
(Effective Date to be completed by Licensee assisting the last party signing this Contract.)
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___________________________________________
Licensee assisting Buyer
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No warranty is
made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is appropriate for all
situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to this Contract be made.
Last revised 10/14. All previous versions of this document may no longer be valid. Copyright January 2015.
ADDENDUM TO _____________________________
THIS ADDENDUM IS FOR USE AS AN ATTACHMENT TO AN OFFER, COUNTER OFFER OR CHANGES/
MODIFICATIONS ADDENDUM DURING NEGOTIATIONS. IT IS NOT INTENDED FOR USE AS AN AMENDMENT
TO AN EXISTING CONTRACT.
SELLER:
BUYER:
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PROPERTY:
THE FOLLOWING TERMS ARE AN INTEGRAL PART OF THE ABOVE REFERENCED OFFER OR
COUNTER OFFER.
1. BASE CONTRACT - Paragraph #____ or
is changed as follows:
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Addendum
Page 1 of 2
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5. ADDITIONAL TERMS:
6.
ADDITIONAL PAGES. (Check if Applicable) The _____ additional pages attached to this Addendum
contain terms which are an integral part of this Offer/Counter Offer.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD,
CONSULT AN ATTORNEY BEFORE SIGNING.
___________________________________________ ___________________________________________
SELLER
DATE BUYER
DATE
___________________________________________ ___________________________________________
SELLER
DATE BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No warranty is
made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is appropriate for
all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to this Contract be
made. Last revised 09/12. All previous versions of this document may no longer be valid. Copyright January 2015.
Addendum
Page 2 of 2
Printed Using formsRus.com On-Line Forms Software 12/14
SELLER/LANDLORD: _______________________________________________________________
BUYER/TENANT: __________________________________________________________________
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PROPERTY: _______________________________________________________________________
THE FOLLOWING IS AN INTEGRAL PART OF THE ABOVE REFERENCE SALE CONTRACT.
1. LEAD BASED PAINT DISCLOSURE. If the Property was built prior to 1978, BUYER acknowledges
receiving, reading and signing the Federally required disclosure regarding lead based paint.
Lead Based Paint Disclosure Addendum is hereby attached.
2. RADON DISCLOSURE. Every BUYER of residential real property is notified the property may
present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk
of developing radon-induced lung cancer.
Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the
second leading cause overall. Kansas law requires SELLER to disclose any information known to the
SELLER that shows elevated concentrations of radon gas in residential real property.
The Kansas Department of Health and Environment recommends all BUYERS have an indoor radon
test performed prior to purchasing or taking occupancy of residential real property. All testing for
radon should be conducted by a radon measurement technician. Elevated radon concentrations can
be easily reduced by a radon mitigation technician.
For additional information, please go to http://www.kansasradonprogram.org or in Missouri a
national source for radon information is http://www.epa.gov/radon.
3. CRIME INFORMATION DISCLOSURE. In Missouri and in Kansas, law requires persons who are
convicted of certain crimes, including certain sexually violent crimes, to register with the Sheriff of the
county in which they reside. If you, as the BUYER, desire information regarding those registrants,
you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at
http://www.kansas.gov.kbi or by contacting the local Sheriffs office in Kansas. In Missouri, you
may find information on the homepage of the Missouri State Highway Patrol at
http://www.mshp.dps.missouri.gov/ or BUYER should contact the Sheriff of the county in which the
Property is located.
4. BROKERAGE RELATIONSHIP DISCLOSURE.
SELLER/LANDLORD and BUYER/TENANT acknowledge the Real Estate Brokerage Relationship
Brochure has been furnished to them and the brokerage relationships were disclosed to them no later
than the first showing, upon first contact, or immediately upon the occurrence of any change to that
relationship.
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SELLER/LANDLORD and BUYER/TENANT acknowledge the real estate Licensee(s) involved in this
transaction may be acting as Agents of the SELLER/LANDLORD, Agents of the BUYER/TENANT,
Transaction Broker(s) or Disclosed Dual Agents (Available only in Missouri.).
Licensee acting in the capacity of:
a. Agent for the SELLER has a duty to represent the SELLERS interest and will not be the Agent of
the BUYER. Information given by the BUYER to an Agent of the SELLER will be disclosed to the
SELLER.
b. Agent for the BUYER has a duty to represent the BUYERS interest and will not be an Agent of
the SELLER. Information given by the SELLER to an Agent of the BUYER will be disclosed to the
BUYER.
c. Transaction Broker is not an Agent for either party and does not advocate the interests of either
party.
d. Disclosed Dual Agent (Available only in Missouri.) is acting as an Agent for both the SELLER and
the BUYER, and a separate Disclosed Dual Agency Amendment is required.
Licensee assisting SELLER/LANDLORD is a:
(Check appropriate box(es))
SELLERS/LANDLORDS Agent
Designated SELLERS/LANDLORDS Agent (In
Kansas, Supervising Broker acts as a Transaction
Broker)
Transaction Broker and SELLER/LANDLORD agree,
if applicable, to sign a Transaction Broker Addendum.
SELLER/LANDLORD is not being represented.
Disclosed Dual Agent and SELLER/LANDLORD agree
to sign a Disclosed Dual Agency Amendment
(Missouri only)
BUYERS/TENANTS Agent
Designated BUYERS/TENANTS Agent (In Kansas,
Supervising Broker acts as a Transaction Broker)
BUYERS/TENANTS Agent
Designated BUYERS/TENANTS Agent (In
Kansas, Supervising Broker acts as a
Transaction Broker)
Transaction Broker and BUYER/TENANT agree, if
applicable, to sign a Transaction Broker Addendum.
BUYER/TENANT is not being represented.
Disclosed Dual Agent and BUYER/TENANT agree
to sign a Disclosed Dual Agency Amendment
(Missouri only)
SELLERS/LANDLORDS Agent
Designated SELLERS/LANDLORDS Agent in
BUYERS/TENANTS Purchase of the Property (In
Kansas, Supervising Broker acts as a Transaction
Broker)
Subagent
BUYER/TENANT is not being represented
Subagent
SELLER/LANDLORD is not being represented
SOURCE OF COMPENSATION. Brokerage fees, to include but not limited to broker commissions and
other fees, will be paid out of escrow at Closing as follows, unless otherwise described in the terms of the
respective agency agreements or other SELLER/BUYER agreements. SELLER/LANDLORD and
BUYER/TENANT understand and agree Brokers may be compensated by more than one party in
the transaction. (Check all applicable boxes.)
Brokers are compensated by:
SELLER/LANDLORD and/or
BUYER/TENANT
ALL PARTIES ACKNOWLEDGE THAT THE REAL ESTATE SALE CONTRACT TO WHICH THIS
DISCLOSURE IS ATTACHED IS NOT A STANDARD KCRAR DOCUMENT. IT IS RECOMMENDED
THAT ALL PARTIES SEEK LEGAL COUNSEL PRIOR TO SIGNING THE DOCUMENT.
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CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD,
CONSULT AN ATTORNEY BEFORE SIGNING.
________________________________________
SELLER/LANDLORD
DATE
______________________________________
BUYER/TENANT
DATE
________________________________________
SELLER/LANDLORD
DATE
______________________________________
BUYER/TENANT
DATE
________________________________________
LICENSEE ASSISTING
DATE
SELLER/LANDLORD
______________________________________
LICENSEE ASSISTING
DATE
BUYER/TENANT
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members.
No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or
that its use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may
dictate that amendments to this Contract be made. Last revised 08/13. All previous versions of this document may no longer be valid.
Copyright January 2015.
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SELLER: ______________________________________________________________________
BUYER: _______________________________________________________________________
PROPERTY: ___________________________________________________________________
This contract is contingent upon a risk assessment or inspection of the Property for the presence of
lead based paint and/or lead based paint hazards at the BUYER'S expense until 9:00 p.m. on the tenth
(10th) calendar day after Effective Date of Contract ___________________________ (insert date ten
(10) calendar days after Effective Date of Contract or a date mutually agreed upon).
This contingency will terminate at the above predetermined deadline unless the BUYER (or Licensee
assisting BUYER) delivers to the SELLER (or Licensee assisting SELLER) a written Amendment to the
Contract listing the specific existing deficiencies and corrections needed together with a copy of the
inspection and/or risk assessment report. The SELLER may, at the SELLER'S option, within _____
calendar days after Delivery of the Amendment, elect in writing whether to correct the condition(s) prior
to settlement. If the SELLER will correct the condition, the SELLER shall furnish the BUYER with
certification from a risk assessor or inspector demonstrating that the condition has been remedied
before the date of the settlement. If the SELLER does not elect to make the repairs, or if the SELLER
makes a counter offer, the BUYER shall have ____ calendar days to respond to the counter offer or
remove this contingency and take the Property in its present condition or this Contract shall become
void. The BUYER may remove this contingency at any time without cause.
Intact lead-based paint that is in good condition is not necessarily a hazard. See EPA pamphlet Protect
Your Family From Lead in Your Home for more information.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
________________________________________
SELLER
DATE
________________________________________
BUYER
DATE
________________________________________
SELLER
DATE
________________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members.
No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or
that its use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may
dictate that amendments to this Contract be made. Last revised 10/14. All previous versions of this document may no longer be
valid. Copyright January 2015.
SELLER: __________________________________________________________________________
BUYER: ___________________________________________________________________________
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________________________________________
SELLER
DATE
______________________________________
BUYER
DATE
________________________________________
SELLER
DATE
______________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use
is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that
amendments to this Contract be made. Last revised 12/14. All previous versions of this document may no longer be valid. Copyright
January 2015.
This Counter Offer Addendum is an offer to buy or sell property. Carefully read the terms of this
counter offer and the terms of any document referenced as part of this counter offer. If they are not
completely acceptable to you, you may continue negotiations or reject this counter offer. If you
desire to continue negotiations, a new Counter Offer Addendum should be prepared, and this
Counter Offer Addendum should not be signed. The unsigned Counter Offer Addendum will not
become a part of any agreement ultimately signed by all parties and should be kept in the
licensees permanent files. ONLY THOSE CHANGES NOTED ON THE FINAL ACCEPTED
COUNTER OFFER ALTER THE ORIGINAL OFFER AND ALL OTHER TERMS OF THE
ORIGINAL OFFER REMAIN INTACT. To reject this counter offer, do not sign it.
THIS CONTRACT WILL NOT BE EFFECTIVE UNTIL THE BROKERAGE RELATIONSHIP
DISCLOSURE PARAGRAPH OF THE CONTRACT HAS BEEN SIGNED BY ALL PARTIES; SELLER
COMPLETES AND BUYER AND SELLER HAVE SIGNED A SELLERS DISCLOSURE AND
CONDITION OF PROPERTY ADDENDUM (EXCEPT NEW HOME SALE CONTRACT) AND, IF
APPLICABLE, A LEAD BASED PAINT DISCLOSURE ADDENDUM FOR THE PROPERTY.
SELLER: __________________________________________________________________________
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BUYER: __________________________________________________________________________
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PROPERTY: _______________________________________________________________________
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$_____________________
$_________________(b)
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$_________________(d)
$_________________(e)
$ _______________
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When all documents and funds have been executed and delivered into escrow with the title
company(s) or other Closing Agent(s), the Closing will be completed. SELLER will deliver
possession of the Property to BUYER on _____________________________ at _____ oclock
____. m., (if left blank, the Possession Date will be 5:00 P.M. on the Closing Date).
BUYER must not occupy the Property or place personal property in or on it prior to
completion of the Closing and disbursement or availability of SELLERS proceeds, if any,
unless otherwise agreed upon in writing by the BUYER and the SELLER.
8.
ADDITIONAL TERMS. (Check if applicable) The _____ additional pages attached to this
Counter Offer Addendum contain terms and conditions which are an integral part of this Contract.
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SELLER hereby authorizes Closing Agent to obtain payoff information from SELLERS Lender.
_________________________________________ _______________________________________
SELLER
DATE BUYER
DATE
_________________________________________ _______________________________________
SELLER
DATE BUYER
DATE
_________________________________________ _______________________________________
ADDRESS
ADDRESS
_________________________________________ _______________________________________
BROKERAGE
BROKERAGE
_________________________________________ _______________________________________
Name of Licensee assisting Seller
Name of Licensee assisting Buyer
(Please Print)
(Please Print)
______________________ /__________________ ______________________ /________________
Listing Licensees Phone #
Fax #
Selling Licensees Phone #
Fax #
_________________________________________ _______________________________________
Listing Licensees Email Address
Selling Licensees Email Address
DATE OF FINAL ACCEPTANCE, THE EFFECTIVE DATE IS: _____________________________.
(Effective Date to be completed by Licensee who is assisting the party who has signed last)
_____________________________________
Licensee assisting Buyer
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is
appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to
this Contract be made. Last revised 10/14. All previous versions of this document may no longer be valid. Copyright January 2015.
SELLER: ________________________________________________________________________
BUYER: _________________________________________________________________________
PROPERTY:______________________________________________________________________
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Although most real estate transactions close without incident, there is a possibility that a problem or
dispute may occur. When a dispute does arise, it is usually successfully resolved through normal
channels of communication and negotiation. Occasionally, a dispute arises which cannot be resolved
through negotiation, and in those rare instances the parties have the ability to take their dispute to
mediation rather than to court. If the parties cannot reach a mutually agreeable settlement through
mediation, they are free to arbitrate or litigate their dispute as if the mediation never took place.
1. AGREEMENT TO MEDIATE. The undersigned hereby agree any dispute or claim arising out of
or relating to the attached contract dated ___________________________________, between
______________________________ (SELLER) and ___________________________ (BUYER),
the breach of that contract or the services provided shall be submitted to mediation in accordance
with the Rules and Procedures of the Dispute Resolution System of the National Association of
REALTORS.
2. INCLUSIONS.
Disputes shall include representations made by the BUYER/TENANT(s),
SELLER/LANDLORD(s) or other person or entity in connection with the sale, purchase, financing,
condition or other aspect of the property to which this contract pertains, including without limitation
allegations of concealment, misrepresentation, negligence and/or fraud.
3. BINDING AGREEMENT. Any agreement signed by the parties pursuant to the mediation
conference shall be binding.
4. EXCLUSIONS. The following matters are excluded from mediation hereunder:
a) Judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust,
mortgage, or land contract;
b) An unlawful detainer action;
c) The filing or enforcement of a mechanics lien;
d) Any matter which is within the jurisdiction of a probate court; or
e) Violation of a states real estate license laws.
5. FILING OF JUDICIAL ACTION. The filing of a judicial action to enable the recording of a notice of
pending action, for order of attachment, receivership, or injunction, shall not constitute a breach of
the duty to mediate.
6. ANNOUNCEMENT BROCHURE. The parties hereby acknowledge they have received, read, and
understand the standard announcement brochure for the Dispute Resolution System and agree to
submit disputes as described above to mediation in accordance with the Dispute Resolution
System.
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CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
_______________________________________ _______________________________________
SELLER/LANDLORD
DATE BUYER/TENANT
DATE
_______________________________________ _______________________________________
SELLER/LANDLORD
DATE BUYER/TENANT
DATE
_______________________________________ _______________________________________
LICENSEE ASSISTING
DATE LICENSEE ASSISTING
DATE
SELLER/LANDLORD
BUYER/TENANT
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members.
No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or
that its use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may
dictate that amendments to this Contract be made. Last revised 07/14. All previous versions of this document may no longer be valid.
Copyright January 2015.
FHA DISCLOSURES
AMENDATORY CLAUSE / REAL ESTATE CERTIFICATION
Buyer(s)
Date of Agreement:
Seller(s)
File No.:
Property Address :
Date
Borrower
Date
Seller
Date
Seller
Date
Note: The dollar amount to be inserted in the amendatory clause is the sales price as stated in the contract. If the borrower and
seller agree to adjust the sales price in response to an appraised value that is less than the sales price, a new amendatory clause
is not required. However, the loan application package must include the original sales contract with the same price as shown
on the amendatory clause, along with the revised or amended sales contract.
Date
Borrower
Date
Seller
Date
Seller
Date
Date
Date
WARNING: Our signatures above indicate that we fully understand that it is a Federal Crime punishable by fine, imprisonment
or both to knowingly make any false statements concerning any of the above facts as applicable under the provision of Title 18,
United States Code, Section 1012 and 1014.
Printed Using Professional Computer Forms Co. On-Line Forms Software 5/09
SELLER: ___________________________________________________________________________
BUYER: ____________________________________________________________________________
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PROPERTY: ________________________________________________________________________
It is further understood by all parties that the sale of the Property in its present condition does not relieve
the SELLER of the obligation to disclose all material facts of which SELLER has knowledge relating to the
condition of the Property.
Notwithstanding any other terms of the Contract, the Property is being sold in its present condition, which
includes all latent and patent defects and conditions. Except as herein expressly stated, SELLER makes
no warranty, expressed or implied, including, without limitation, any implied warranty of merchantability or
fitness for any particular purpose.
1. BUYER is entitled to conduct inspections as outlined in the Inspections Paragraph of the Contract.
BUYER has the right to ask for repairs.
SELLER may deny any requests for repairs.
BUYER understands SELLER has expressed intent to make no repairs. However, per the Wood
Destroying Insects section of the Inspection Paragraph, SELLER agrees to pay to have the
Property treated for wood destroying insects.
BUYER will have the right to cancel the Contract if the results of the inspections are unsatisfactory.
2. BUYER is entitled to conduct inspections as outlined in the Inspections Paragraph of the Contract.
SELLER will make no repairs and/or treatments.
BUYER will have the right to cancel the Contract if the results of the inspections are unsatisfactory.
BUYER waives any right to renegotiate pursuant to the inspection provisions in the Contract.
3. BUYER waives any right to conduct inspections as outlined in the Inspections Paragraph of the
Contract.
SELLER will make no repairs and/or treatments.
BUYER waives any right to cancel or renegotiate pursuant to the inspection provisions in the Contract.
______________________________________
SELLER
DATE
_________________________________________
BUYER
DATE
______________________________________
SELLER
DATE
_________________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is
appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to
this Contract be made. Last revised 08/14. All previous versions of this document may no longer be valid. Copyright January 2015.
Part 1: Builder must describe the following energy efficiency elements of this house:
Actual
Value
2006 IRC/IECC*
Zone 4
2006 IRC/IECC*
Zone 5
R-13
R-19
R-38
R-38
Basement Walls
R-10/13**
R-10/13**
Crawlspace Walls
R-10/13**
R-10/13**
Slab-on-Grade
R-10, 2 ft depth
R-10, 2 ft depth
R-19
R-30
Window U-Value
0.40
0.35
Actual
Value
Current Federal
Manufacturing Standards***
Water Heater
0.67 (0.0019
0.97 (0.00132
****) =
****) =
0.78
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7.7
[Note: Federal standards for geothermal heat pumps are not available.]
Part 2: Builder may provide the following additional information about this house:
This residence has been/will be built to meet the energy-efficiency standards of the International Energy Conservation Code of 2006
(IECC 2006).
This residence has received a Home Energy Rating (HERS) index score of 100 or less based on an energy audit performed in
accordance with the Mortgage Industry National Home Energy Rating Systems Standards (July 1, 2006) by a rater certified by
Residential Energy Services Network (RESNET).
This residence is an Energy Star Qualified Home and has been verified and field tested in accordance with RESNET standards by a
RESNET-accredited provider.
Seller Signature:
Date:
Date:
Buyer Signature:
Date:
* See reverse for more information on existing standards and explanation of abbreviations.
** The first R-value applies to continuous insulation; the second to framing cavity insulation.
*** Equipment meeting federal standards may not always be available.
**** Insert rated storage volume in gallons.
May 2007
AFUE = Annual Fuel Utilization Efficiency: used to rate gas or propane warm-air furnaces and small boilers.
SEER = Seasonal Energy Efficiency Ratio: performance indicator for residential air conditioners and air
source heat pumps.
HSPF = Heating Seasonal Performance Factor: measures heating performance of air-source heat pumps.
Energy Star qualified homes are at least 15% more energy efficient than homes built to the 2006 International Energy Conservation
Code (IECC). Energy Star is a joint program of the U.S. Environmental Protection Agency and Department of Energy.
The International Energy Conservation Code (IECC), developed by the International Code Council, sets standards for energy
efficiency in homes and commercial and industrial buildings. It is revised on a three-year cycle, with a supplement issue midway
through each cycle.
The International Residential Code (IRC), developed by the International Code Council, brings together all building, plumbing,
mechanical, fuel gas, energy, and electrical provisions for one- and two-family residences.
The HERS Index is a scoring system established by the Residential Energy Services Network (RESNET) in which a home built to
the specifications of the HERS Reference Home (based on the 2004 International Residential Code) scores a HERS Index of 100,
while a net zero energy home scores a HERS Index of 0. The lower the score, the more energy efficient a home is in comparison
to the HERS Reference Home. Each 1-point decrease in the HERS Index corresponds to a 1% reduction in energy consumption
compared to the HERS Reference Home. Thus a home with a HERS Index of 85 is 15% more energy efficient than the HERS
Reference Home and a home with a HERS Index of 80 is 20% more energy efficient.
RESNET Standards ensure that accurate and consistent home energy ratings are performed by accredited home energy rating
systems nationwide; increase the credibility of the rating systems with the mortgage finance industry; and promote voluntary
participation in an objective, cost-effective, sustainable home energy rating process. This accreditation process will be used by
the mortgage industry to accept home energy ratings and by the states to assure accurate, independent information upon which a
state may recognize the home energy ratings as a compliance method for state building energy codes; as qualification for energy
programs designed to reach specific energy saving goals; and as a way to provide its housing market the ability to differentiate
residences based on their energy efficiency. The Mortgage Industry National Home Energy Rating Systems Standards (July 1,
2006) can be found at http://www.natresnet.org/standards/mortgage/RESNET_Standards-2006.pdf.
Zone 4
Allen
Anderson
Atchison
Barber
Barton
Bourbon
Brown
Butler
Chase
Chautauqua
Cherokee
Clark
Clay
Coffey
Comanche
Cowley
Crawford
Dickinson
Doniphan
Douglas
Zone 5
Edwards
Elk
Ellsworth
Finney
Ford
Franklin
Geary
Grant
Gray
Greenwood
Harper
Harvey
Haskell
Hodgeman
Jackson
Jefferson
Johnson
Kearny
Kingman
Kiowa
Labette
Leavenworth
Lincoln
Linn
Lyon
Marion
Marshall
McPherson
Meade
Miami
Montgomery
Morris
Morton
Nemaha
Neosho
Osage
Ottawa
Pawnee
Pottawatomie
Pratt
Reno
Rice
Riley
Rush
Russell
Saline
Sedgwick
Seward
Shawnee
Stafford
Stanton
Stevens
Sumner
Wabaunsee
Washington
Wilson
Woodson
Wyandotte
Cheyenne
Cloud
Decatur
Ellis
Gove
Graham
Greeley
Hamilton
Jewell
Lane
Logan
Mitchell
Ness
Norton
Osborne
Phillips
Rawlins
Republic
Rooks
Scott
Sheridan
Sherman
Smith
Thomas
Trego
Wallace
Wichita
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SELLER: _____________________________________________________________________________
BUYER: _____________________________________________________________________________
PROPERTY: __________________________________________________________________________
PROPERTY LEGAL DESCRIPTION:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR
members. No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect
with the law or that its use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each
transaction may dictate that amendments to this Contract be made. Last revised 09/12. All previous versions of this document
may no longer be valid. Copyright January 2015.
Page 1 of 1
This Amendment will be limited to those circumstances in which the BUYER is taking
early occupancy of the Property for a short duration of time prior to closing.
SELLER: ___________________________________________________________________________
BUYER: ____________________________________________________________________________
PROPERTY: ________________________________________________________________________
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SELLER: ______________________________________________________________________________
BUYER: ______________________________________________________________________________
PROPERTY: __________________________________________________________________________
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8. OTHER LOAN COSTS. BUYER shall pay for all other costs associated with obtaining and perfecting the
mortgage/deed of trust including mortgagee's title insurance policy, any document preparation fees,
mortgage registration tax, if applicable, and recording fees.
9. CREDIT APPROVAL. SELLER'S agreement to make the above described loan to BUYER is expressly
conditional upon SELLER'S approval of BUYER'S credit. BUYER agrees to provide SELLER with a
financial statement and employment verification within ______ calendar days (seven (7) if left blank)
after the effective date of this contract. If BUYER'S credit is not acceptable, SELLER shall notify in
writing BUYER or Licensee assisting BUYER/transaction broker within seven (7) calendar days of receipt
of BUYER'S credit information and in such event, the Earnest Money shall be refunded to BUYER
subject to the provisions of the Earnest Money and Additional Deposits paragraph of the Contract.
Failure of SELLER to notify BUYER or Licensee assisting BUYER/transaction broker of disapproval
within the specified time shall be deemed a waiver of this credit approval condition and BUYER'S credit
shall be deemed approved.
10. STANDARD FORMS. BUYER and SELLER acknowledge and agree the NOTE and mortgage/deed of
trust instruments provided for herein shall be FNMA/FHLMC uniform instruments incorporating the
specific terms set out herein. Any alteration or modification of those instruments, except as expressly
provided herein, must be with the express written approval of the parties hereto.
11. ADDITIONAL TERMS: ________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES, THIS
DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD,
CONSULT AN ATTORNEY BEFORE SIGNING
__________________________________________ __________________________________________
SELLER
DATE BUYER
DATE
__________________________________________ __________________________________________
SELLER
DATE BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No warranty is
made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is appropriate for all
situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to this Contract be made.
Last revised 10/14. All previous versions of this document may no longer be valid. Copyright January 2015.
Recycled/Recyclable
Printed with vegetable oil based inks on recycled paper
(minimum 50% postconsumer) process chlorine free.
Protect
Your
Family
From
Lead In
Your
Home
United States
Environmental
Protection Agency
United States
Consumer Product
Safety Commission
United States
Department of Housing
and Urban Development
IMPORTANT!
Lead From Paint, Dust, and
Soil Can Be Dangerous If Not
Managed Properly
FACT: Lead exposure can harm young
children and babies even before they
are born.
FACT: Even children who seem healthy can
have high levels of lead in their bodies.
FACT: People can get lead in their bodies by
breathing or swallowing lead dust, or by
eating soil or paint chips containing
lead.
FACT: People have many options for reducing
lead hazards. In most cases, lead-based
paint that is in good condition is not a
hazard.
FACT: Removing lead-based paint improperly
can increase the danger to your family.
If you think your home might have lead
hazards, read this pamphlet to learn some
simple steps to protect your family.
Even children
who appear
healthy can
have dangerous levels of
lead in their
bodies.
Leads Effects
It is important to know that even exposure
to low levels of lead can severely harm
children.
In children, lead can cause:
Nervous system and kidney damage.
Learning disabilities, attention deficit
disorder, and decreased intelligence.
Digestive
Problems
Reproductive
Problems
(Adults)
Lead affects
the body in
many ways.
Digestive problems.
Nerve disorders.
Memory and concentration problems.
Muscle and joint pain.
Many homes built before 1978 have leadbased paint. The federal government
banned lead-based paint from housing in
1978. Some states stopped its use even
earlier. Lead can be found:
In homes in the city, country, or suburbs.
In apartments, single-family homes, and
both private and public housing.
Inside and outside of the house.
In soil around a home. (Soil can pick up
lead from exterior paint or other sources
such as past use of leaded gas in cars.)
Lead from
paint chips,
which you
can see, and
lead dust,
which you
cant always
see, can both
be serious
hazards.
If not
conducted
properly,
certain types
of renovations can
release lead
from paint
and dust into
the air.
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EPA747-K-99-001
June 2003
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SELLER: ____________________________________________________________________
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___________________________________________________________________.
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Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
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PROPERTY: _________________________________________________________________
Lead Warning Statement:
Every purchaser of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified that such property may present exposure to
lead from lead-based paint that may place young children at risk of developing lead
poisoning. Lead poisoning in young children may produce permanent neurological
damage, including learning disabilities, reduced intelligence quotient, behavioral
problems, and impaired memory. Lead poisoning also poses a particular risk to
pregnant women. The seller of any interest in residential real property is required to
provide the buyer with any information on lead-based paint hazards from risk
assessments or inspections in the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or inspection for possible lead-based paint
hazards is recommended prior to purchase.
Seller's Disclosure (Initial applicable lines)
a) ________ ________ PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED
PAINT HAZARDS: (check one below)
Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
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Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
knowledge, the information they have provided is true and accurate.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL
PARTIES, THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
_____________________________________ _____________________________________
SELLER
DATE BUYER
DATE
_____________________________________ _____________________________________
SELLER
DATE BUYER
DATE
_____________________________________ _____________________________________
LICENSEE ASSISTING SELLER
DATE LICENSEE ASSISTING BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members.
No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or
that its use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may
dictate that amendments to this Contract be made. Last revised 09/12. All previous versions of this document may no longer be valid.
Copyright January 2015.
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SELLER:
BUYER:
PROPERTY:
The Property which is the subject of this Contract is not connected to a municipal or public sewer system.
Sewage disposal is accomplished with a septic tank or similar installation. Septic systems may be subject
to local, state and federal regulation. Installations which were proper at the time of original construction
may not comply with governmental regulations which have been enacted since that time. It is
recommended that BUYER check with lender and/or local government authority regarding septic
system inspection.
Lenders are becoming more sensitive to environmental regulations, and it should be anticipated the
BUYERS financing may be conditioned upon proof that the septic system meets current regulatory
requirements.
Even if a septic inspection is not required by lender or local government, BUYER is advised to consider
an independent inspection of the septic system.
In the event proof of regulatory compliance of the septic system is required by a lender, or is
sought for any other reason, and it is determined the system does not comply, it may be
necessary to bring the system into compliance. Significant expense may be involved.
The cost of pumping the septic tank, if needed, for purposes of this inspection will be paid by:
(Check One)
SELLER
BUYER.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
______________________________________
SELLER
DATE
______________________________________
BUYER
DATE
______________________________________
SELLER
DATE
______________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its
use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that
amendments to this Contract be made. Last revised 09/12. All previous versions of this document may no longer be valid. Copyright
January 2015.
SELLER: _________________________________________________________________________
BUYER: __________________________________________________________________________
PROPERTY: _______________________________________________________________________
(PLEASE PRINT ALL OF THE ABOVE)
The Contract is contingent upon BUYER obtaining the financing described in this Financing Addendum as follows:
1. TYPE OF LOAN: BUYER will obtain a ( ) Fixed rate or an ( ) Adjustable Rate loan in the principal amount
$___________________ plus financed mortgage insurance premiums, if any, according to the provision described in
this Addendum. Said loan shall be secured by a mortgage/deed of trust on the Property or as otherwise required by
lender,
2. PAYMENT TERMS, The principal balance will be amortized over _____ years bearing interest at an initial rate
not exceeding ______ % per annum and shall be repayable in monthly installments unless otherwise provided herein.
3. LOAN APPLICATION: BUYER shall complete a written loan application and pay the required fees; (credit
report, appraisal, etc.) within ____ calendar days (SEVEN DAYS IF LEFT BLANK) after the Effective Date of the
Contract,
4. LOAN APPROVAL: in the event BUYER, after good faith effort, is unable to obtain a commitment for the
mortgage loan described above and at the request of the SELLER, furnish SELLER with proof of said commitment,
reasonably satisfactory to SELLER, within _____ days from the date of this Contract or by the Closing Date
whichever is earlier. BUYER or SELLER may cancel this Contract and the Earnest Money shall be refunded to
BUYER, subject however to the other provisions of this Contract relating to Earnest Money. A loan commitment
which is conditioned on the sale of BUYERS property will not satisfy this condition without SELLERS written
approval. BUYER may satisfy this condition by obtaining a commitment for a loan on different terms than those
described above, provided that the terms of the loan do not result in additional cost to SELLER.
5. LOAN COST: BUYER agrees to pay all costs necessary to obtain the loan, unless otherwise agreed as follows:
(APPLICABLE SECTIONS MUST BE CHECKED AND COMPLETED)
Origination Fee not to exceed _____% of the loan amount shall be paid by __________________________
Discount Fee not to exceed _____% of the loan amount shall be paid by ____________________________
Private Mortgage Insurance (PMI) premiums required by the lender shall be paid as follows: Initial PMI premium
not to exceed _____ % of the loan ( ) shall be paid at the time of closing by the _______ or shall be financed as a
part of the loan. In addition to the initial premium, BUYER agrees to pay monthly PMI premiums, if any, required
by lender.
6. APPRAISAL REQUIREMENTS: in addition to any sums to be paid by SELLER pursuant to this Contract,
SELLER agrees to pay an amount not to exceed $______________ (ZERO IF LEFT BLANK) for requirements of
the lender necessitated by the appraisal.
7. ADDITIONAL TERMS AND CONDITIONS: _____________________________________________
IF THE PROPERTY WAS BUILT PRIOR TO 1978, BUYER ACKNOWLEDGES RECEIVING, READING AND
SIGNING THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTS NOTICE REGARDING
LEAD BASED PAINT.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES, THIS
FINANCING ADDENDUM BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT
UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
__________________________________________ __________________________________________
Buyer
Date
Seller
Date
__________________________________________ __________________________________________
Buyer
Date
Seller
Date
SELLER: ___________________________________________________________________________
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PROPERTY: ________________________________________________________________________
1. NOTICE TO SELLER.
Be as complete and accurate as possible when answering the questions in this disclosure. Attach
additional sheets if space is insufficient for all applicable comments. SELLER understands that the law
requires disclosure of any material defects, known to SELLER, in the Property to prospective Buyer(s)
and that failure to do so may result in civil liability for damages. Non-occupant SELLERS are not
relieved of this obligation. This disclosure statement is designed to assist SELLER in making these
disclosures. Licensee(s), prospective buyers and buyers will rely on this information.
2. NOTICE TO BUYER.
This is a disclosure of SELLERS knowledge of the Property as of the date signed by SELLER and is not
a substitute for any inspections or warranties that BUYER may wish to obtain. It is not a warranty of any
kind by SELLER or a warranty or representation by the Broker(s) or their licensees.
3. OCCUPANCY.
Approximate age of Property? ___________________ How long have you owned? ________________
Does SELLER currently occupy the Property? .................................................................
Yes No
If No, how long has it been since SELLER occupied the Property? _____________ years/months
4. LAND (SOILS, DRAINAGE AND BOUNDARIES). (IF RURAL OR VACANT LAND, ATTACH
SELLERS LAND DISCLOSURE ALSO.) ARE YOU AWARE OF:
(a) Any fill or expansive soil on the Property? .....................................................
Yes No
(b) Any sliding, settling, earth movement, upheaval or earth stability problems
on the Property? ............................................................................................
Yes No
(c) The Property or any portion thereof being located in a flood zone, wetlands
area or proposed to be located in such as designated by FEMA which
requires flood insurance? ..............................................................................
Yes No
(d) Any drainage or flood problems on the Property or adjacent properties? ......
Yes No
(e) Any flood insurance premiums that you pay? ................................................
Yes No
(f) Any need for flood insurance on the Property? ..............................................
Yes No
(g) Any boundaries of the Property being marked in any way? ...........................
Yes No
(h) The Property having had a stake survey? If Yes, attach copy. ...................
Yes No
(i) Any encroachments, boundary line disputes, or non-utility easements
affecting the Property? ..................................................................................
Yes No
(j) Any fencing on the Property? ........................................................................
Yes No
If Yes, does fencing belong to the Property? ....................................... N/A Yes No
(k) Any diseased, dead, or damaged trees or shrubs on the Property? ..............
Yes No
(l) Any gas/oil wells, lines or storage facilities on Property or adjacent
property? .......................................................................................................
Yes No
(m) Any oil/gas leases, mineral, or water rights tied to the Property? ..................
Yes No
If any of the answers in this section are Yes (except h), explain in detail (attach other
documentation):_____________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
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5. ROOF.
(a) Approximate Age: ______years
Unknown Type: _____________________________
(b) Have there been any problems with the roof, flashing or rain gutters? ..........
Yes No
If Yes, what was the date of the occurrence? ______________________
(c) Have there been any repairs to the roof, flashing or rain gutters? .................
Yes No
Date of and company performing such repairs___________/__________________________
(d) Has there been any roof replacement? .........................................................
Yes No
If Yes, was it:
Complete or
Partial
(e) What is the number of layers currently in place? _________layers or
Unknown.
If any of the answers in this section are Yes, explain in detail (attach all warranty information
and other documentation):______________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
6. INFESTATION. ARE YOU AWARE OF:
(a) Any termites, wood destroying insects, or other pests on the Property? .......
Yes No
(b) Any damage to the Property by termites, wood destroying insects or other
pests? ...........................................................................................................
Yes No
(c) Any termite, wood destroying insects or other pest control treatments on the
Property in the last five (5) years? .................................................................
Yes No
If Yes, list company, when and where treated ______________________
(d) Any current warranty, bait stations or other treatment coverage by a licensed
pest control company on the Property? .........................................................
Yes No
If Yes, the annual cost of service renewal is $___________ and the time
remaining on the service contract is _________________. (Check one)
The treatment
system stays with the Property or
the treatment system is subject to removal by the
treatment company if annual service fee is not paid.
If any of the answers in this section are Yes, explain in detail (attach all warranty information and
other documentation): _______________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
7. STRUCTURAL, BASEMENT/CRAWL SPACE, FIREPLACE AND EXTERIOR ITEMS.
ARE YOU AWARE OF:
(a) Any movement, shifting, deterioration, or other problems with walls,
foundations, crawl space or slab? .................................................................
(b) Any cracks or flaws in the walls, ceilings, foundations, concrete slab,
crawl space, basement floor or garage? .......................................................
(c) Any corrective action taken including, but not limited to piering or bracing? ..
(d) Any water leakage or dampness in the house, crawl space or basement? ....
(e) Any dry rot, wood rot or similar conditions on the wood of the Property? ......
(f) Any problems with driveways, patios, decks, fences or retaining walls on
the Property? .................................................................................................
(g) Any problems with fireplace including, but not limited to firebox, chimney,
chimney cap and/or gas line? ........................................................................
Date of any repairs, inspection(s) or cleaning? ________________________
Date of last use? ___________________________________
(h) Does the Property have a sump pump? ........................................................
If Yes, location: ________________________________________________
(i) Any repairs or other attempts to control the cause or effect of any problem
described above? ..........................................................................................
Yes
No
Yes
Yes
Yes
Yes
No
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Yes
No
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No
Yes
No
Yes
No
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If any of the answers in this section are Yes (except h), explain in detail (attach all warranty
information and other documentation): _________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_______________________________________________________________________________
8. ADDITIONS AND/OR REMODELING.
(a) Are you aware of any additions, structural changes, or other material
alterations to the Property? ...........................................................................
Yes No
If Yes, explain in detail: ______________________________________________________
__________________________________________________________________________
(b) If Yes, were all necessary permits and approvals obtained, and was all
work in compliance with building codes? ............................................. N/A Yes No
If No, explain in detail: ______________________________________________________
__________________________________________________________________________
9. PLUMBING RELATED ITEMS.
(a) What is the drinking water source?
Public
Private
Well
Cistern
If well water, state type __________________ depth_____________
diameter ___________ age_________
(b) If the drinking water source is a well, when was the water last checked for
safety and what was the result of the test?___________________________
(c) Is there a water softener on the Property? ....................................................
Yes No
If Yes, is it:
Leased
Owned?
(d) Is there a water purifier system? ...................................................................
Yes No
If Yes, is it:
Leased
Owned?
(e) What type of sewage system serves the Property?
Public Sewer
Private Sewer
Septic System
Cesspool
Lagoon
Other _____________________
(f) The location of the sewer line clean out trap is: ___________________________
(g) Is there a sewage pump on the septic system? ......................................... N/A Yes No
(h) Is there a grinder pump system? ...................................................................
Yes No
(i) If there is a privately owned system, when was the septic tank, cesspool, or sewage
system last serviced?_________ By whom? ___________________________
(j) Is there a sprinkler system? ..........................................................................
Yes No
Does sprinkler system cover full yard and landscaped areas? ................ N/A Yes No
If No, explain in detail: __________________________________________
(k) Are you aware of any leaks, backups, or other problems relating to any of the,
plumbing, water, and sewage related systems? ............................................
Yes No
(l) Type of plumbing material currently used in the Property:
Copper
Galvanized
Other ____________________________________________
The location of the main water shut-off is: ________________________________________
(m) Is there a back flow prevention device on the lawn sprinkling system,
sewer or pool? .................................................................................... N/A Yes No
If your answer to (k) in this section is Yes, explain in detail (attach available
documentation):_____________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_______________________________________________________________________________
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No
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Yes
No
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If any of the answers in this section are Yes, explain in detail (attach test results and other
documentation): ____________________________________________________________________
_____________________________________________________________________________________
_________________________________________________________________________________
___________________________________________________________________________________
13. NEIGHBORHOOD INFORMATION & HOMEOWNERS ASSOCIATION. ARE YOU AWARE OF:
(a) Any current/pending bonds, assessments, or special taxes that
apply to Property? .............................................................................................. Yes No
If Yes, what is the amount? $______________________
(b) Any condition or proposed change in your neighborhood or surrounding
area or having received any notice of such? .................................................
Yes No
(c) Any defect, damage, proposed change or problem with any
common elements or common areas? ..........................................................
Yes No
(d) Any condition or claim which may result in any change to
assessments or fees? ...................................................................................
Yes No
(e) Any streets that are privately owned? ............................................................
Yes No
(f) The Property being in a historic, conservation or special review district that
requires any alterations or improvements to the Property be approved by a
board or commission? ...................................................................................
Yes No
(g) The Property being subject to tax abatement? ...............................................
Yes No
(h) The Property being subject to a right of first refusal? .....................................
Yes No
If Yes, number of days required for notice: ___________
(i) The Property being subject to covenants, conditions, and restrictions of a
Homeowners Association or subdivision restrictions? ...................................
Yes No
(j) Any violations of such covenants and restrictions? .................................. N/A Yes No
(k) The Homeowners Association imposing its own transfer fee and/or
initiation fee when the Property is sold? ................................................... N/A Yes No
If Yes, what is the amount? $____________________
Homeowners Association dues are paid in full until _______________ in the amount of $____________
payable yearly semi-annually monthly quarterly, sent to ___________________________and
such includes:________________________________________________________________________
Homeowners Association/Management Company contact name, phone number, website, or email
address: ____________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
If any of the answers in this section are Yes (except i and k), explain in detail (attach other
documentation):_______________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________
14. PREVIOUS INSPECTION REPORTS.
(a) Has Property been inspected in the last twelve (12) months? ......................
If Yes, a copy of inspection report(s) are available upon request.
15. OTHER MATTERS. ARE YOU AWARE OF:
(a) Any of the following?
Party walls Common areas
Easement Driveways .............................
(b) Any fire damage to the Property? ..................................................................
(c) Any liens, other than mortgage(s)/deeds of trust currently on the Property? .
(d) Any violations of laws or regulations affecting the Property? ..........................
Yes
No
Yes
Yes
Yes
Yes
No
No
No
No
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(e) Any other conditions that may materially affect the value
or desirability of the Property? .......................................................................
Yes No
(f) Any other condition, including but not limited to financial, that may prevent
you from completing the sale of the Property? ..............................................
Yes No
(g) Any general stains or pet stains to the carpet, the flooring or sub-flooring? ..
Yes No
(h) Missing keys for any exterior doors, including garage doors to the Property?
Yes No
List locks without keys __________________________________________
(i) Any violations of zoning, setbacks or restrictions, or non-conforming uses? .
Yes No
(j) Any unrecorded interests affecting the Property? ..........................................
Yes No
(k) Anything that would interfere with giving clear title to the BUYER? ..............
Yes No
(l) Any existing or threatened legal action pertaining to the Property? ...............
Yes No
(m) Any litigation or settlement pertaining to the Property? ..................................
Yes No
(n) Any added insulation since you have owned the Property? ...........................
Yes No
(o) Having replaced any appliances that remain with the Property in the
past five (5) years? ........................................................................................
Yes No
(p) Any transferable warranties on the Property or any of its
components?............................................................................................
Yes No
(q) Having made any insurance or other claims pertaining to the Property
in the past five (5) years? ..............................................................................
Yes No
If Yes, were repairs from claim(s) completed? ....................................... N/A Yes No
(r) Any use of synthetic stucco on the Property? ................................................
Yes No
If any of the answers in this section are Yes, explain in detail: __________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
16. UTILITIES. Identify the name and phone number for utilities listed below.
Electric Company Name: __________________________ Phone #______________________
Gas Company Name: ___________________________ Phone #______________________
Water Company Name: ___________________________ Phone #______________________
17. FIXTURES, EQUIPMENT AND APPLIANCES (FILL IN ALL BLANKS).
The Residential Real Estate Sale Contract, including this paragraph of the residential Sellers
Disclosure and Condition of Property Addendum (Sellers Disclosure), not the MLS, or other
promotional material, provides for what is included in the sale of the Property. Items listed in the
Additional Inclusions or Exclusions in Subparagraphs 1a and 1b of the Contract supersede the
Sellers Disclosure and the pre-printed list in Paragraph 1 of the Contract. If there are no Additional
Inclusions or Exclusions listed, the Sellers Disclosure and the pre-printed list govern what is or is not
included in this sale. If there are differences between the Sellers Disclosure and the Paragraph 1 list,
the Sellers Disclosure governs. Unless modified by the Sellers Disclosure and/or the Additional
Inclusions and/or the Exclusions in Paragraph 1a and/or 1b, all existing improvements on the
Property (if any) and appurtenances, fixtures and equipment (which seller agrees to own free and
clear), whether buried, nailed, bolted, screwed, glued or otherwise permanently attached to Property
are expected to remain with Property, including, but not limited to:
Bathroom mirrors
Fences
Fireplace grates, screens and/or
glass doors (if attached)
Floor coverings (if attached)
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___Laundry - Washer
___Laundry - Dryer
___Elec. ___Gas
MOUNTED ENTERTAINMENT EQUIPMENT
___ Item #1 ________________
Location________________
___ Item #2 ________________
Location________________
___ Item #3 ________________
Location________________
___ Item #4 ________________
Location________________
___Outside Cooking Unit
___Propane Tank
___Owned __Leased
___Security System
___Owned __Leased
___Smoke/Fire Detector(s), #___
___Spa/Hot Tub
___Spa/Sauna
___Spa Equipment
___Sprinkler System Auto Timer
___Sprinkler System Back Flow Valve
___Sprinkler System (Components & Controls)
___Statuary/Yard Art
___Sump Pump
___Swimming Pool
___Swimming Pool Heater
___Swimming Pool Equipment
___ TV Antenna/Receiver/Satellite Dish
__Owned __Leased
___Water Softener and/or Purifier
__Owned __Leased
___Other ________________________
___Other ________________________
___Other ________________________
___Other ________________________
___Other ________________________
___Other ________________________
___Other________________________
___Other ________________________
___Other ________________________
___Other ________________________
___Other ________________________
___Other ________________________
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Disclose any material information and describe any significant repairs, improvements or alterations to the
Property not fully revealed above. If applicable, state who did the work. Attach to this disclosure any repair
estimates, reports, invoices, notices or other documents describing or referring to the matters revealed
herein: _______________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
The undersigned SELLER represents, to the best of their knowledge, the information set forth in the
foregoing Disclosure Statement is accurate and complete. SELLER does not intend this Disclosure
Statement to be a warranty or guarantee of any kind. SELLER hereby authorizes the Licensee assisting
SELLER to provide this information to prospective BUYER of the Property and to real estate brokers and
salespeople. SELLER will promptly notify Licensee assisting the SELLER, in writing, if any
information in this disclosure changes prior to Closing, and Licensee assisting the SELLER will
promptly notify Licensee assisting the BUYER, in writing, of such changes. (SELLER and BUYER
initial and date any changes and/or attach a list of additional changes. If attached, #_____ of
pages).
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
________________________________________
SELLER
DATE
________________________________________
SELLER
DATE
________________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No
warranty is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its
use is appropriate for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that
amendments to this Contract be made. Last revised 10/14. All previous versions of this document may no longer be valid. Copyright
January 2015.
SELLER: _______________________________________________________________________________
BUYER: ________________________________________________________________________________
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PROPERTY: _____________________________________________________________________________
SELLER and BUYER acknowledge the purchase price of the Property is not sufficient to satisfy all of the
SELLERS obligations related to the Property, including the costs of sale, and agree as follows:
(Check applicable paragraph #1 or #2 below.)
1. SELLER TO BRING FUNDS TO CLOSING SHORT FALL. SELLER specifically represents they
have sufficient funds available to cover any shortfall and will pay said shortfall as determined by the
settlement agent at closing. Within _____ calendar days (seven (7) days if left blank) after the
Effective Date of this Contract SELLER shall provide documentation in a form acceptable to both
parties verifying that SELLER has sufficient funds to close.
2. CONTINGENCY FOR SHORT SALE.
a. BUYER and SELLER acknowledge the SELLERS obligation to close on this Contract is
conditioned upon SELLERS obtaining an agreement from SELLERS Lien Holder(s) to a
reduction in the payoff amount(s) required to obtain a release(s) of the mortgage/deed of trust or
other lien.
b. BUYER and SELLER understand all Lien Holders shown on the title commitment must be
released in order for the SELLER to convey clear title and provide a title insurance policy to the
BUYER.
c. Within _____calendar days (seven (7) days if left blank) after the Effective Date of this Contract
SELLER shall submit to SELLERS Lien Holder(s) a copy of this Contract, including this and any
other Addenda, and any other documentation required by the Lien Holder(s) for approval of this
Contract. SELLER agrees to diligently work to obtain short sale approval and will promptly
provide the Lien Holder(s) with all additional documentation required.
d. If SELLER and SELLERS Lien Holder(s) enter into a written short sale agreement, consistent
with the terms detailed in this Contract, the SELLER shall deliver that agreement to BUYER or
Buyers Agent within 24 hours.
e. BUYER and SELLER understand and agree it is the responsibility of the SELLER to negotiate
any reduction in payoff amounts due.
f.
BUYER and SELLER understand negotiations with SELLERS Lien Holder(s) may disrupt the
normal closing schedule for this Contract and that delays should be expected.
g. BUYER and SELLER understand SELLERS Lien Holder(s) may require changes in the terms of
this Contract as a condition to their approval of a reduced payoff.
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h. BUYER understands any sums they spend on inspections, loan applications or other matters in
anticipation of this Contract will be at BUYERS expense whether or not SELLER is able to
obtain approval of their Lien Holder(s).
i.
If, within _____ calendar days after the Effective Date of this Contract or the Closing Date,
whichever is earlier, SELLER is unable to obtain the written agreement(s) of Lien Holder(s) to
sufficient reductions to permit SELLER to close, then either BUYER or SELLER may cancel this
Contract and BUYERS Earnest Money will be returned to BUYER subject to terms and
conditions contained in this Contract.
j.
SELLER reserves the right to continue to market the Property through the MLS under Back Up
status.
k. If any Contract is rejected by Lien Holder(s), then BUYER and SELLER shall have _____ hours
(seventy-two (72) hours if left blank) to renegotiate the Contract. If BUYER and SELLER are
unable to reach an agreement within the aforementioned time period, this Contract may be
cancelled by either party and disposition of BUYERS Earnest Money shall be subject to
provisions of Earnest Money and Additional Deposits paragraph of the Contract.
l.
State required timing of Earnest Money Deposit will remain as defined in the Earnest Money and
Additional Deposits paragraph of the Contract, unless otherwise agreed to between the parties.
All other time periods provided in the Contract: (Check one)
will begin on the first calendar day after the Effective Date of this Contract.
will begin on the first calendar day after the Buyers or Licensee assisting Buyers receipt
of written notice of Lien Holder(s) approval.
m. BUYER and SELLER acknowledge that neither the Broker(s) nor the Licensee(s) can make any
guarantee regarding SELLERS ability to secure a short sale with Lien Holder(s) nor the
outcome of any negotiations with Lien Holder(s). Both BUYER and SELLER agree to hold
harmless from liability the Broker(s) and their Licensee(s) participating in this short sale
contract.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
_________________________________________
SELLER
DATE
_______________________________________
BUYER
DATE
_________________________________________
SELLER
DATE
_______________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its
REALTOR members. No warranty is made or implied as to the legal validity or adequacy of this Contract, or that it
complies in every respect with the law or that its use is appropriate for all situations. Local law, customs and practices,
and differing circumstances in each transaction may dictate that amendments to this Contract be made. Last revised
07/14. All previous versions of this document may no longer be valid. Copyright January 2015.
SELLER: ____________________________________________________________________________
BUYER: _____________________________________________________________________________
PROPERTY: __________________________________________________________________________
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THE AGREEMENT(S) SET FORTH IN THIS AMENDMENT CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN THE BUYER AND SELLER WITH RESPECT TO RESOLUTION OF THE UNACCEPTABLE
CONDITIONS IDENTIFIED BELOW. Except for the changes noted below, all of the other provisions of the
Contract shall remain in full effect.
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__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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Attach additional pages if necessary. The ____ additional pages are an integral part of this Agreement.
2. ADJUSTMENTS IN PRICE AND/OR TERMS. (These options may require the prior approval of
BUYERS Lender(s) and have the potential to delay Closing due to federal regulation.)
a.
b.
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PAYMENT FOR CORRECTIVE MEASURES. If payment for the foregoing corrective measures is not to
be made directly out of escrow, SELLER agrees to provide proof of payment prior to Closing. BUYER may,
prior to Closing, inspect any corrective actions taken by SELLER. SELLER and BUYER acknowledge
neither BUYER'S nor SELLERS agents or brokers are responsible for completion of or payment for any
corrective measures which SELLER has agreed to make above.
REMAINING UNCORRECTED UNACCEPTABLE CONDITIONS. Any unacceptable conditions identified
in BUYER'S offer to renegotiate or in any inspection report accompanying BUYER'S offer to renegotiate
which the SELLER has not agreed to correct in this Amendment WILL NOT BE CORRECTED and
BUYER agrees to accept them in their present condition without any corrective action taken or payment
thereof. SELLER and Licensees assisting in the sale of the Property are released from any further
obligation or liability related to the condition of the Property.
ANY OF THE FOLLOWING EXECUTED AND DELIVERED TO THE OTHER PARTY OR OTHER
PARTY'S AGENT PRIOR TO THE EXPIRATION OF THE RENEGOTIATION PERIOD WILL
CONSTITUTE AN AGREEMENT:
1. SELLERS signature agreeing to do everything requested by BUYER on Resolution of
Unacceptable Conditions Amendment attached to Inspection Notice; or
2. An Amendment signed by BUYER and SELLER resolving the Unacceptable Conditions; or
3. BUYERS signature accepting the Property in its present condition without correction of any
Unacceptable Conditions.
CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES,
THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT.
IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING.
______________________________________
SELLER
DATE
___________________________________________
BUYER
DATE
______________________________________
SELLER
DATE
___________________________________________
BUYER
DATE
BUYER AGREES TO ACCEPT PROPERTY IN ITS PRESENT CONDITION. BUYER initially desired
to renegotiate the Contract. No agreement has been reached. Therefore, BUYER now agrees to
accept the Property in its present condition without correction of, or other action by the SELLER
with respect to the Unacceptable Conditions, all of the other provisions of the Contract shall remain
in full effect. (This election does not require SELLERS signature to be binding if delivered prior to
the expiration of the Renegotiation Period.)
___________________________________________
BUYER
DATE
___________________________________________
BUYER
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No warranty
is made or implied as to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is appropriate
for all situations. Local law, customs and practices, and differing circumstances in each transaction may dictate that amendments to this Contract
be made. Last revised 07/14. All previous versions of this document may no longer be valid. Copyright January 2015.
INSPECTION NOTICE
UNLESS PROPERTY IS ACCEPTED IN ITS PRESENT CONDITION, APPLICABLE WRITTEN
INSPECTION REPORTS IN THEIR ENTIRETY MUST ACCOMPANY THIS NOTICE
SELLER: _______________________________________________________________________________
BUYER: ________________________________________________________________________________
PROPERTY: ____________________________________________________________________________
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FROM: ____________________________________
(Signature of Licensee assisting BUYER)
NOTICE OF WOOD DESTROYING INSECTS. The written inspection report of a certified pest control firm
is attached and recommends treatment. Treatment for wood destroying insects is required per the Inspections
paragraph of the Contract.
1. BUYER AGREES TO ACCEPT PROPERTY IN ITS PRESENT CONDITION. BUYER waives any right
to cancel or renegotiate pursuant to the inspection provisions of the Contract and agrees to accept the
Property in its present condition. SELLER and Licensees assisting in the sale are released from any further
obligation or liability related to the condition of the Property.
BUYER inspection(s) results acceptable
_____________
DATE
BUYER
__________
DATE
BUYER
__________
DATE
Approved by Legal Counsel of the Kansas City Regional Association of REALTORS for exclusive use by its REALTOR members. No warranty is made or implied as
to the legal validity or adequacy of this Contract, or that it complies in every respect with the law or that its use is appropriate for all situations. Local law, customs and
practices, and differing circumstances in each transaction may dictate that amendments to this Contract be made. . Last revised 07/13. All previous versions of this
document may no longer be valid. Copyright January 2015
Inspection Notice
Page 1 of 1
Printed Using formsRus.com On-Line Forms Software 12/14
KITCHEN APPLIANCES
WATER HEATER
__ Dishwasher -Doesitrunacompletecycle?
__ Oven/Range -Dotheyheatup?(Suggestusing
__ Istheheatermakinganypoppingor
anoventhermostattoadequatelytest.)
pingingnoises?(Ifso,heaterprobably
needstobedrained.)
__ Anyvisiblesignsofleakage?
__ Istherehotwater?
Note:Utilitycompanymayinspectwater
heaterfreeofcharge.
HEATING SYSTEM
__ Doyouknowhowtousethethermostat?
__ Doeswarmaircomeoutofventwhenunit
isturnedon?(Suggestcheckingallrooms.)
__ Hasthelterbeenchanged?(Suggestchanging
ltersatleasttwiceayear!)
MISCELLANEOUS
__ Garage Door Opener -Operational?
__ Air Conditioning -Operational?
Doyoufeelcoolairfromvents?
__ Washing Machine -Operational?
(Iftransferredinthesale.)
__ Dryer -Operational?
(Iftransferredinthesale.)
__ Refrigerator -Operational?
(Iftransferredinthesale.)
__ Pool/Spa -MotorandPumpOperating?
__ Carbon Monoxide Detector -Presentand
Operational?
__ Smoke Detector -PresentandOperational?
THISHOMEINSPECTIONHASBEENRECOMMENDEDTOMEBYMYAGENTFORMYBENEFIT.ICONDUCTEDTHISINSPECTIONMYSELF
ANDALLNOTATIONSAREMYOWN.
IUNDERSTANDTHATTHEFINALHOMEINSPECTIONISMYRESPONSIBILITYANDTHATTHISFORMISSIMPLYAGUIDELINEANDNOT
ALL-INCLUSIVE.IUNDERSTANDTHATITISMYOPTIONTOHAVEAPROFESSIONALHOMEINSPECTIONDONEATMYEXPENSE.
Buyer:______________________________________________Date:_____________________________
Buyer:______________________________________________Date:_____________________________
REVISED 07/25/11
Please Sign In
Name____________________________________________________
Address___________________________________________________
Name____________________________________________________
Address___________________________________________________
Name____________________________________________________
Address___________________________________________________
Name____________________________________________________
Address___________________________________________________
Name____________________________________________________
Address___________________________________________________
Importance
of Seller s Coverage
The
Have Confidence
You will...
Feel more secure
knowing that you may avoid closing delays
created by home system and appliance failures.
Solid Protection
Have confidence
with additional after-sale liability.
From our Customer Care Representatives to our professional Service
Providers, you can count on Old Republic Home Protection
for fast, friendly, and efficient service.
Must be ordered with the intent to purchase Buyers Coverage. Sellers coverage for the listing/escrow period becomes effective the day the application is received
by Old Republic Home Protection and continues until the expiration of the initial listing period (up to 180 days), close of sale, or listing termination (whichever
occurs first). Sellers coverage is not available on multiple units, homes 5,000 sq. ft. or over, or For Sale By Owner properties. See Plan for details.
F1108